Condemnation and Tax Certiorari

When Government Action Constitutes a Taking, and When It Does Not

, New York Law Journal


Condemnation and Tax Certiorari columnist Michael Rikon writes: In the typical takings case, government files a petition of condemnation, the former owner files a claim and the matter proceeds for a determination of just compensation. But what about regulations, restrictions or other actions by a government entity with the power of eminent domain which are designed to earmark or restrict property in a way that works to reduce the property's fair market value? The more difficult question is, does this result in a de facto taking?

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