Archive | Burden of Proof

CAREFUL JUDGE – THAT CONDEMNATION IS CONSTITUTIONALLY PROTECTED

We have written on this subject before, but somehow some judges do not get it.  A condemnation proceeding is not like private litigation.  A condemnation claim is the enforcement of a constitutional mandate that just compensation be paid. Even if the claimant fails in the burden of proof, it is not that he will be non-suited and receive no compensation.  Rather, in this worst-case scenario, the claimant will simply receive the amount proven by the condemnor.  In New York, the burden of proof is on the court to assure that… read more

Posted in Burden of Proof, Offer & Compensation, Trial Preparation
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