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The Court also found that the remaining property received "special benefits" which outweighed the value of the easement taken. The court concluded that the plaintiffs were entitled to no payment for just compensation. Plaintiffs now appeal the determination of the amount of just compensation.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". [1] An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions.
Inverse condemnation is a term which describes a claim brought against the government in which a property owner seeks compensation for a `taking' of his property under the Fifth Amendment. In states that prohibit uncompensated taking or damaging, physical damage to property is included in this definition.
Salahutdin, the Florida homeowner, sued the City of St. Petersburg in 2023 over a failure to record an easement on his property. The easement contains pipes that supply water to 360,000 residents.
Express easements are formed through a legal contract and are put into the deed of the property. Public easements, such as for sidewalks or utility lines, are created to benefit the public as a ...
Based on two appraisals it did on the property, the Water Supply Board offered him $292,000 for a conservation easement on 60 acres, with a 5-acre “envelope” that would allow him to build a house.
In the United States, eminent domain is the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are ...
An exaction is a concept in US real property law where a condition for development is imposed on a parcel of land that requires the developer to mitigate anticipated negative impacts of the development. [1] The rationale for imposing the exaction is to offset the costs, defined broadly in economic terms, of the development to the municipality. [2]
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