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Nichols on Eminent Domain®

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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.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Table of Contents

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)