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Nichols on Eminent Domain®

Nichols on Eminent Domain®

The only combined treatise and practice guide encompassing all topics in the field of eminent domain for all jurisdictions.


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    The Authority on Eminent Domain Since 1909


    Answers Practically Every Question on Eminent Domain

    Comprehensive and current, this definitive treatise on the law of eminent domain discusses:

    •   The origin, characteristics, nature, and extent of the power of eminent domain;
    •   Valuation and damages;
    •   Preparation of claims and negotiations; and
    •   The passing of ownership and the nature of the title acquired.

    Frequently Cited by the Courts

    Nichols on Eminent Domain® is regularly cited by state and federal courts as well as by the United States Supreme Court in its eminent domain and condemnation cases, including the Supreme Court's decisions in Del Monte Dunes and Palazzolo.

    Guides You on Aspects of Valuation.

    You'll get the arguments that can be raised to increase or decrease the value of your client's property, including market values, damages, proposed use, amount of award, income, improvements, sales, and offers. You'll also get the rules of evidence pertaining to valuation.

    Speeds You to the Cases and Facts.

    A comprehensive index is included. Decisions are footnoted and arranged jurisdictionally for fast and easy access to cases and topics.

    The only combined treatise and practice guide encompassing all topics in the field of eminent domain for all jurisdictions, Nichols on Eminent Domain® is the most comprehensive work available.

    •   Definitive treatment of eminent domain and valuation.
    •   In-depth analysis of condemnation practice and procedure, including discovery, evidence, jury instructions, and examination of experts.
    •   Recent important judicial developments and emerging areas of the law, including landmark Supreme Court decisions on public use and public purpose, exactions, compensation for loss of business goodwill, inverse condemnation, uniform professional appraisal standards, and the taking of environmentally contaminated property.
    •   Four revisions yearly, with case supplements and special alerts as needed to ensure up-to-date coverage.
    •   Footnotes contain extensive annotations arranged alphabetically by state.
    •   Each chapter begins with a synopsis directing you to the specific section you need to review.

    Download a Special Alert on the U.S. Supreme Court decision in Kelo v. City of New London.

    Chapters are written by expert practitioners you can rely on. Contributing Authors Include:

    •   Professor David L. Callies, William S. Richardson School of Law, University of Hawaii
    •   Dwight H. Merriam, Robinson & Cole LLP, Hartford, Connecticut
    •   Professor Patricia Salkin, Albany Law School, Albany, New York
    •   Larry J. Smith, Graham & Dunn, P.C., Seattle, Washington
    •   David Schultz, Graduate School of Public Administration and Management, Hamline University, St. Paul, Minnesota

    This 18-volume loose-leaf treatise is updated four times per year and is also available as an eBook in .mobi and .epub formats, as well as on lexis.com.

    VOLUME 1

    PART 1: INTRODUCTION AND JURISDICTION
    Chapter 1. The Nature, Origin, Evolution and Characteristics of the Power
    Chapter 1A. Eminent Domain Law and Economics

    VOLUME 1A

    PART 1: INTRODUCTION AND JURISDICTION (Continued)
    Chapter 1B. Eminent Domain Law in Europe
    Chapter 1C. Eminent Domain Law in Asia
    Chapter 2. Jurisdiction With Respect to the Res
    Chapter 3. Capacity to Condemn
    Chapter 4. Due Process of Law and Equal Protection of the Laws

    VOLUME 2

    PART 1: INTRODUCTION AND JURISDICTION (Continued)
    Chapter 5. Property and Ownership

    VOLUME 2A

    PART 1: INTRODUCTION AND JURISDICTION (Continued)
    Chapter 6. Taking of Private Property for Public Use
    Chapter 7. The Public Use

    VOLUME 3

    PART 2: CONSTITUTIONAL RIGHTS AND LIMITATIONS
    Chapter 8. Compensation
    Chapter 8A. Enhancement

    PART 3: TITLE ACQUIRED AND SERVITUDES THEREON
    Chapter 9. Title Acquired by Eminent Domain
    Chapter 10. Title to Highways and Additional Servitudes
    Chapter 11. Title Acquired for Uses Other Than Highways

    VOLUME 4

    PART 4: VALUATION AND DAMAGES
    Chapter 12. Valuation Generally
    Chapter 12A. Market Value: Time of Valuation
    Chapter 12B. Valuation of the Fee Interest
    Chapter 12C. Absence of Market Value and Effect of Restrictions
    Chapter 12D. Valuation of Interests Other than Fee Interests
    Chapter 12E. Valuation for the Purpose of Compensating a Temporary Taking
    Chapter 13. Fair Market Value-Physical Character

    VOLUME 4A

    PART 4: VALUATION AND DAMAGES (Continued)
    Chapter 14. Partial Takings: General Concepts
    Chapter 14A. Partial Takings: Calculation of Damages
    Chapter 14B. Damage to Separate Parcels: Unity of Use
    Chapter 15. Damages for Condemnation of Public Property

    VOLUME 5

    PART 4: VALUATION AND DAMAGES (Continued)
    Chapter 16. Consequential Damages as a Result of Proposed Use
    Chapter 17. Amount of Award

    PART 5: EVIDENCE
    Chapter 18. Evidence in Condemnation Proceedings
    Chapter 19. Evidence of Income
    Chapter 20. Valuation of Improved Property by the Cost Approach
    Chapter 21. Sales and Offers: Indicators of Market Value
    Chapter 22. Valuation for Other Purposes
    Chapter 23. Expert and Opinion Evidence

    VOLUME 6

    PART 6: PROCEDURE
    Chapter 24. General Procedures
    Chapter 25. Administrative and Legislative Techniques for Resolving Vested Rights and Condemnation Issues
    Chapter 26A. Pleadings and Parties
    Chapter 26B. Service of Process, Pleadings, and Defenses
    Chapter 26C. Discovery
    Chapter 26D. Abandonment, Dismissal of Action and Assessment of Damages

    VOLUME 6A

    PART 6: PROCEDURE (Continued)
    Chapter 26E. Judgment, Appeal and Review
    Chapter 27. Federal Eminent Domain Procedure

    PART 7: REMEDIES OF OWNER
    Chapter 28. Remedies of Owners
    Chapter 29. Liability of the United States for Injuries to Property
    Chapter 30. Liability of the State for Injuries to Property
    Chapter 31. Liability of Municipal Corporations
    Chapter 32. Liability of a Private Corporation for Injuries to Property
    Chapter 33. Environmental Protection Requirements Governing Exercise of the Power of Eminent Domain
    Chapter 34. The Uniform Relocation Assistance and Real Property Acquisition Policies Act
    Chapter 35. Coastal Areas and Wetlands Takings
    Chapter 36. Inverse Condemnation-Aircraft Flights

    VOLUME 7
    Chapter G1. Introduction to the Practice of Eminent Domain
    Chapter G1A. Pre-condemnation Planning
    Chapter G1B. Determining the Property Rights Acquired and Dealing With Modifications or Attempted Modifications to the Taking
    Chapter G2. An Overview of Taking Procedure
    Chapter G2A. Taking Procedure in the Fifty States and the District of Columbia
    Chapter G3. Presenting Valuation to the Jury
    Chapter G4. The Appraisal Process in Eminent Domain
    Chapter G5. Alternatives to the Use of Eminent Domain
    Chapter G6. Settlement Issues and Techniques
    Chapter G7. Pretrial Discovery in Eminent Domain
    Chapter G7A. Discovery of Multiple Appraisals and Compelling Testimony of Adversary's Appraisers
    Chapter G8. Trial Procedures and Techniques
    Chapter G8A. An Introduction to Tax Consequences of Condemnation Awards

    VOLUME 7A
    Chapter G9. Appellate Practice
    Chapter G9A. Evidentiary Issues in Condemnation Cases
    Chapter G10. Tax Issues in Condemnation Cases
    Chapter G11. Condemnation and the Landlord-Tenant Relationship
    Chapter G12. Partial Takings
    Chapter G13. Trial Tactics and Strategies in the Presentation of Comparable Sales
    Chapter G13A. Illustrative Condemnation Proceeding
    Chapter G13B. Contaminated Property and the Exercise of Eminent Domain
    Chapter G14. Emerging Problem Areas

    VOLUME 8
    Chapter G14. Emerging Problem Areas (Continued)
    Chapter G14A. Valuation of Public Utilities
    Chapter G14B. Condemnation by Public Utilities
    Chapter G14C. Environmental Issues
    Chapter G14D. Open Space
    Chapter G14E. Inverse Condemnation
    Chapter 14F. Appropriation and Valuation of Mineral Deposits

    VOLUME 8A
    Chapter G15. Costs and Attorneys' Fees
    Chapter G16. Severance Damages-Reduction in Value of Remainder
    Chapter G17. Right-of-Way Reservations
    Chapter G18. Condemnation Blight
    Chapter G19. Foreign Takings by the United States
    Chapter G20. Relocation Benefits in Eminent Domain
    Chapter G21. Railroad Rights-of-Way
    Chapter G22. Promoting Economic Development and Preventing Business Plant and Sports Franchise Closings and Relocations: The Expansion of the ?Public Use? Doctrine in Eminent Domain
    Chapter G23. Condemnation of Billboard Interests
    Chapter G24. [Reserved]
    Chapter G25. Alternate Methods of Dispute Resolution in Condemnation Proceedings
    Chapter G26. Eminent Domain, Powerlines and Electromagnetic Fields
    Chapter G27. Wetlands Issues in Eminent Cases
    Chapter G28. Fixtures
    Chapter G29. Loss of Business Goodwill
    Chapter G30. Valuation of Real Property

    VOLUME 9
    Chapter G31. Condemnation and Valuation of Industrial Property
    Chapter G32. Condemnation and Valuation of Temporary Easements
    Chapter G33. Analyzing Legal Descriptions and Construction Plans
    Chapter G34. Water Issues
    Appendix A. Bibliography-Condemnation Procedures and Techniques
    Appendix B. Appraisers, Appraisals and Appraisal Societies

    VOLUME 10
    Appendix B. Appraisers, Appraisals and Appraisal Societies (cont' d)
    Appendix C. Pattern Instructions for Use in the Trial of a Condemnation Claim
    Appendix D. Model Compensation Statutes
    Appendix E. Eminent Domain Arbitration-Rules of the American Arbitration Association

    VOLUME * (Star Volume)
    Index
    Table of Cases (A-H)

    VOLUME ** (Star Volume)
    Table of Cases (I-Z)

     

     

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