Florida Eminent Domain Practice and Procedure
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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.
- A new section on takings by utilities under federal law; nuisance abatement; interstate pipeline condemnation in federal court; vagueness; and motions in limine, motions for summary judgment, and motions to strike
- New material related to trial preparation, severance damages, easements, recurrent flooding, and regulatory takings
- Rewritten sections on project development and the environment; expert testimony; voir dire, the Bert Harris Act; substantive and procedural due process; equal protection; and statute of limitations
- Updated material on defenses; motions to amend; curing defects; appellate review; property valuation; nonmonetary benefits; and environmental concerns
- Elaboration on public purpose; necessity; compliance to sustain a petition for condemnation; order of taking in inverse condemnation; appellate review; settlement negotiations; witness testimony; and mediation process
The 11th Edition ISBN was 9781521184041.
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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. The Public Purpose Doctrine
S. Cary Gaylord and A. J. Jim Spalla
Chapter 4. Necessity For The Taking
William P. Doney and H. Adams Weaver, Jr.
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. Trial
Charles S. Stratton, Joshua S. Stratton, and Robert S. Yerkes
Chapter 11. Jury Instructions
Judge Andrea Teves Smith and Andrew G. Diaz
Chapter 12. Posttrial Procedure
John W. Little III and George Kellogg Gaskell
Chapter 13. Inverse Condemnation
S. William Moore and Ryan C. Reese
Chapter 14. Appeals
Raymond Thomas (Tom) Elligett, Jr., Amy S. Farrior, and Shirley T. Faircloth
Chapter 15. Tax Considerations In Eminent Domain Proceedings
Bradley R. Gould and Dana M. Apfelbaum
Chapter 16. Distinctions Between Florida And Federal Practice
Blake H. Gaylord
Chapter 17. Benefits And Allowances Under Federal And State Programs
Lawrence S. Gendzier and D. Mark Natirboff
Chapter 18. Environmental Concerns
Darrell W. Payne and John J. McNally
Chapter 19. Statutory Private Property Rights Protection
S. William Moore and Roberto M. Vargas
Chapter 20. Constitutional Protection Of Property Rights
Joanne M. O'Connor
Chapter 21. Eminent Domain Mediation
Joe W. Fixel and Jim Helinger, Jr.