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Lexis Nexis Nichols on Eminent Domain®
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Product description
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Nichols on Eminent Domain®: 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.
Nichols on Eminent Domain® is the most comprehensive work available including both treatise and practice guide features:
- 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.
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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)
