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Archive | April, 2016

April 14, 2016

Rhode Island Supreme Court Rules Eminent Domain Abandonment Right of First Refusal Does Not Pass With The Estate To Heirs

Under New York State Eminent Domain Procedure Law (“EDPL”) § 406, if the condemnor takes property by eminent domain and then abandons the project for which the property was acquired, and the property has not been materially improved, the condemnor may not dispose of the property for private use within ten years of acquisition “without first offering the former fee owner of record at the time of acquisition a right of first refusal to purchase the property at the amount of the fair market value of such property at the… read more

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Posted in Cases of First Impression, Eminent Domain, Future of the law, Recent cases
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April 4, 2016

What to Do When You’re a Homeowner Threatened with Eminent Domain

The U.S. News Real Estate Section published an article on March 30, 2016, titled, What to Do When You’re a Homeowner Threatened with Eminent Domain. The article lists some guidelines to protect yourself and your property. Number one is to consult an attorney “as soon as you hear your property could potentially be taken for public use, which could come to you in the form of a mailed letter, in-person notice or phone call, depending on the government planning to take the property and its practices. Eminent domain is difficult,… read more

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Posted in Advance Payments, Challenging condemnation, Eminent Domain, Lawyers
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