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- Title
Shifting the Date of Value for Public Agency Acquisition Appraisal Assignments.
- Authors
Kuhn, Brad; Duran-Brown, Bernadette
- Abstract
Eminent domain cases typically revolve around the date on which property is valued to determine the just compensation. That date of value is set by statute; typically, it is the date on which the agency deposits the amount of probable compensation to be awarded. But sometimes, an agency's activities negatively affect the value of a property before the deposit is made. In such circumstances, property owners may attempt to hold the agency responsible for such declines in value by claiming precondemnation damages or a de facto taking. While both claims involve holding the condemning agency accountable for damages caused by its precondemnation conduct, the difference in assessing damages is significant. This article examines the key differences between these two related claims.
- Subjects
EMINENT domain; PROPERTY rights; REAL property; JUST compensation (Eminent domain); COMPENSATORY damages
- Publication
Appraisal Journal, 2014, Vol 82, Issue 1, p21
- ISSN
0003-7087
- Publication type
Article