Key Takeaways
- Condemnation proceedings require a public purpose and just compensation equal to fair market value.
- Partial takings entitle the owner to compensation for land taken plus severance damages to the remainder.
- Property owners who challenge initial compensation offers typically receive 20-50% more.
- Regulatory takings claims apply the Lucas per se test or the Penn Central balancing test depending on the severity of the restriction.
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Test Your Knowledge
1.What is the legal term for the formal process of taking private property through eminent domain?
2.What landmark Supreme Court case expanded the definition of "public use" to include private economic development?
3.What is a regulatory taking?