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.
The Eleventh Edition contains:
- Added discussion regarding motion to dismiss and curing pleading defects under Viverette.
- New discussion regarding the impact of Doctrine of Federal Preemption on rail transportation.
- Enriched definition of Necessity
- Updated statutes, rules, and case law
- Discussion on disadvantages for condemning authorities of use of F.S. Chapter 74.
- Elaboration on condemnor requirements in determining property rights needed
- Added discussion on defective pleadings.
- Elaboration on making the owner whole and the cost to cure
- Rewrite focusing on Preparation for Trial
- Revisions regarding Settlement and Pretrial Discovery
- New section on Loss of Visibility
- Discussions of DeLisle (addressing Daubert versus Frye)
- New section on Judgments
- Discussion of 2018 change in the Internal Revenue Code regarding restrictions on deduction of casualty losses by individuals.
- New statutory limitations on relocation expenses under the Uniform Relocation Assistance Act
- Thoroughly amplified definitions of "existing use," "inordinate burden," and "property owner" under the Harris Act
Revised forms are also included.
Visit our Real Property website for a complete list of The Bar's Rules of Procedure related titles.
Visit our Florida Bar Continuing Legal Education 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. 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 Erik Fenniman
Chapter 6. Procedural And Substantive Defenses, And Defensive Pleadings
A. (Alex) Ford, Jr. and Gregory S. Rix
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, Robert I. Scanlan, and John C. Lukacs, Sr
Chapter 10. Trial
Charles 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 Gregory S. Rix
Chapter 14. Appeals
Amy Brigham Boulris.
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
Joanne M. O'Connor and Margaret L. Cooper
Chapter 20. Constitutional Protection Of Property Rights
Joanne M. O'Connor and Margaret L. Cooper
Chapter 21. Eminent Domain Mediation
Joe W. Fixel and William B. Smith