Lexis Nexis Florida Eminent Domain Practice and Procedure
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Product description
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When can government "take" private property for a "public" purpose? Can private property owners obtain restitution for partial takings and business damages? This manual is a comprehensive treatment of current legal practice, including detailed review of proceedings from both the condemnor's and condemnee's perspective. In addition to updated rules, statutes and recent case law, the latest edition offers.
- Additional case law on:
- Expert testimony, including cases discussing the Daubert standard for admission of expert testimony
- Inverse condemnations, including recent United States Supreme Court decisions
- The Bert Harris Act
- Attorney's fees for both "benefits achieved" and supplementary proceeding awards
- What constitutes a compensable taking
- Mediation - New forms (Motions) in the Mediation chapter, and additional discussion about providing constructions plans et al. prior to mediation and incorporating those plans into the mediation agreement. Also, special considerations in mediation for design-build projects
- Extensive discussion on the recent amendments to the Bert Harris Act, including changes to the ability to recover attorney's fees.
- Discussion of the free speech implications in the exercise of property rights, specifically as to residential architectural design.
The 12th Edition ISBN was 9781663320544.
Visit our Real Property website for a complete list of The Bar's Rules of Procedure related titles.
Visit The Florida Bar Legal Publications website for a complete list of The Bar's titles.
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Table of contents
Chapter 1. Introduction
D. Tobyn DeYoung
Chapter 2. Power Of Eminent Domain
Paul D. Bain and W. Campbell McLean
Chapter 3. Public Purpose Doctrine
S. Cary Gaylord and A. J. Jim Spalla
Chapter 4. Necessity For The Taking
Lorena H. Ludovici
Chapter 5. Initiating Condemnation Lawsuit By Condemnor
Prineet D. Sharma and Andrew DeNering
Chapter 6. Procedural And Substantive Defenses, And Defensive Pleadings
Gregory S. Rix and Summer E. DeGel
Chapter 7. Order Of Taking
D. Tobyn DeYoung, Thomas Goldstein,and Jim Helinger, Jr.
Chapter 8. Pretrial Procedures And Preparation For Trial Or Settlement
Thomas P. Callan and Dean R. DiRose
Chapter 9. Compensation
Brian P. Patchen and John C. Lukacs, Sr.
Chapter 10. Eminent Domain Mediation
Joe W. Fixel, William A. Fixel, and Jim Helinger, Jr.
Chapter 11. Trial
Charles S. Stratton, Joshua S. Stratton, and Robert S. Yerkes
Chapter 12. Jury Instructions
Hon. Andrea Teves Smith and Andrew G. Diaz
Chapter 13. Posttrial Procedure
John W. Little III
Chapter 14. Inverse Condemnation
S. William Moore and Ryan C. Reese
Chapter 15. Appeals
Raymond Thomas (Tom) Elligett, Jr., Amy S. Farrior, and Shirley T. Faircloth
Chapter 16. Tax Considerations In Eminent Domain Proceedings
Bradley R. Gould and Owen Evans
Chapter 17. Distinctions Between Florida And Federal Practice
Blake H. Gaylord
Chapter 18. Benefits And Allowances Under Federal And State Programs
Joseph Bracken and D. Mark Natirboff
Chapter 19. Environmental Concerns
Darrell W. Payne, John J. McNally, and Carl Eldred
Chapter 20. Statutory Private Property Rights Protection
Roberto M. Vargas
Chapter 21. Constitutional Protection Of Property Rights
Joanne M. O'Connor
INDEXES
Citations
Cases
Subjects
