Status
Available
Call number
LCC
KF5599 .S23
ISBN
0820514608 / 9780820514604
Publication
New York, NY : Matthew Bender & Company, Inc., a member of LexisNexis, 1964-
Physical description
(loose-leaf) p.; 26 cm
Local notes
Nichols on eminent domain volume 6 contents: Part 6. Procedure. Ch. 24 - General procedures. 24.01: Introduction. 24.02: Procedural approach is either administrative or judicial. 24.03: The historical development of American procedures. 24.04: Administrative procedure. 24.05: Judicial procedure. 24.06: Statutory procedural provisions. 24.07: Commencement of proceedings. 24.08: Cross action. 24.09: Joinder, consolidation and separation. 24.10: Possession. 24.11: Conditions precedent to the exercise of the eminent domain power. 24.12: Legislation authorizing taking. 24.13: Condemnor's pre - condemnation duty to negotiate purchase of property. 24.14: Analysis of condemnor's duty to conduct "bona fide" negotiations. 24.15: Condemnee's waiver of and condemnor's excuse from duty to negotiate. 24.16: Exceptions to condemnor's duty to negotiate purchase based on landowner's disability. 24.17: Condemnor's duty to allege and prove inability to negotiate purchase. 24.18: Consent of public authorities as condition precedent to instituting eminent domain proceedings. 24.19: Filing or recording of maps, plans, plats and surveys as a condition precedent to condemnation action. 24.20: Condemnor'ss duty to provide bond or other form of security as condition precedent to condemnation action. 24.21: Proper venue for commencement of condemnation proceedings. 24.22: Choice of law issues in federal condemnation action. App. 24.1: Model Eminent Domain Act, as codified by Alabama. App. 24.2: Illustrative statutes for eminent domain procedures: Alaska, Arizona, California, Colorado, Florida, Illinois, New York and Virginia. Ch. 25 - Administrative and legislative techniques for resolving vested rights and condemnation issues. 25.01: Introduction. 25.02: Non - judicial proceedings and condemnation. 25.03: Elements of local vested rights determination procedures. 25.04: Disqualification of Commissioner. 25.05: Judicial review of administrative decisions. 25.06: Vested rights determination forms. Ch. 26A - Petitions and parties. 26A.01: Pleadings and process in judicial proceedings. 26A.02: Allegations required in petition to condemn pursuant to statutes and decisions. 26A.03: Rules regarding adequacy of description in condemnation petition of property to be taken. 26A.04: Insufficient description of property in condemnation petition and amendment thereof. 26A.05: Parties to the condemnation proceeding. Ch. 26B - Service of process, pleadings, and defenses. 26B.01: Service of process and notice requirements. 26B.02: Requirement of an answer and lack thereof. 26B.03: Defenses. 26B.04: Reply to defendant's answer. 26B.05: Attack on sufficiency of petition by motion. 26B.06: Amendment of pleadings. Ch. 26C - Discovery. 26C.01: Discovery considerations in eminent domain actions. 26C.02: Pre - trial adjudication of condemnor's right to condemn. Ch. 26D - Abandonment, dismissal of action and assessment of damages. 26D.01: Abandonment or dismissal of condemnation action. 26D.02: Assessment of damages. 26D.03: Report of the Appraisal Commissioners. Includes table of contents and forms.
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