Nichols on eminent domain

by Julius L. Sackman

Other authorsPatrick J. Rohan (Author), Philip Nichols (Author), Melvin A. Reskin (Author)
3 Ring Binder, c2002

Status

Available

Call number

KF5599 .S23

LCC

KF5599 .S23

ISBN

0820514608 / 9780820514604

Barcode

2000000926

Publication

New York, NY : Matthew Bender & Company, Inc., a member of LexisNexis

Physical description

(loose-leaf) p.; 26 cm

Local notes

Nichols on eminent domain volume 6A contents: Ch. 26E - Judgment/appeal/review. 26E.01: Judgment. 26E.02: Property owner's right to the compensation award. 26E.03: Review of condemnation award. Ch. 27 - Federal eminent domain procedure. 27.01: Federal jurisdiction. 27.02: Procedure. 27.03: Joinder and consolidation. 27.04: Parties. 27.05: Substitution of parties. 27.06: Complaint. 27.07: Process. 27.08: Immediate possession. 27.09: Appearance, answer or default. 27.10: Amendment of pleadings. 27.11: Discovery and depositions. 27.12: Determination of just compensation. 27.13: Discontinuance. 27.14: Deposit. 27.15: Costs. 27.16: Taking under state's power of eminent domain. 27.17: Federal court jurisdiction. 27.18: Venue. Part 7: Remedies of owner. Ch. 28 - Remedies of owner. Part A: Several factors are to be considered to determine if a taking has occurred. 28.01: Property owners have several legal options to use in challenging condemnation of their property. 28.02: Property owners have several options to challenge a taking. 28.03: Condemnors are liable for compensation to owners for property they take or damage. Ch. 29 - Liability of the United States for injuries to property. 29.01: Introduction. 29.02: The Tucker Act. Ch. 30 - Liability of the state for injuries to property. 30.01: Sovereign immunity. 30.02: Liability for court costs. 30.03: Determining the real party in interest. 30.04: Liability for injury to property in another state. Ch. 31 - Liability of municipal corporations. 31.01: Introduction. 31.02: Municipal corporation defined and distinguished. 31.03: Creation of municipal corporations. 31.04: Tort actions against municipal corporations. 31.05: Defenses available to municipal corporations in tort actions. 31.06: Negligence. 31.07: Failure to construct a public improvement. 31.08: Inadequate construction of a public improvement. 31.09: Municipal corporation planning and design decisions. 31.10: Highways. 31.11: Surface water. 31.12: Obstruction of waterways. 31.13: Sewers. 31.14: Waterworks. Ch. 32 - Liability of a private corporation for injuries to property. 32.01: Private property owner's remedy for injury. 32.02: Injury to property caused by operation of railroads. 32.03: Additional servitudes on highways. 32.04: Remedy of property owner abutting a highway. 32.05: Special injuries to property from public nuisance. Ch. 33 - Environmental protection requirements governing exercise of the power of eminent domain. 33.1: Background and development of environmental protection controls. 33.2: Environmental protection legislation affecting eminent domain. 33.3: Environmental protection regulations. 33.4: Judicial response to NEPA. 33.5: Recent trends in environmental protection. Ch. 34 - The Uniform Relocation Assistance and Real Property Acquisition Policies Act. 34.01: Background and development. 34.02: Effect of Uniform Act on prior law. 34.03: Title III of the Uniform Act. 34.04: 1987 amendments to the Uniform Act. 34.05: Government regulations. 34.06: State statutory compliance with the Uniform Relocation Act, as amended - model legislation. 34.07: Judicial decisions involving the Uniform Act. 34.08: The Uniform Act and final rule. Ch. 35 - Coastal areas and wetlands takings. 35.01: Overview of the taking issue in the coastal and wetlands context. 35.02: Public rights in beach areas. 35.03: Takings analysis. 35.04: Damages as a remedy in takings cases. 35.05: The taking issue in wetlands context: takings challenges to permit denials. 35.06: Evaluation of the claim. 35.07: Analysis and conclusion. Ch. 36 - Inverse condemnation - aircraft flights. 36.01: Introduction. 36.02: Inverse condemnation - overview. 36.03: Airspace rights. 36.04: United States v. Causby. 36.05: The legacy of Causby - the explosion of litigation based on the inverse condemnation cause of action for the taking of property by military and commercial aircraft flights. 36.06: Griggs v. Allegheny County. 36.07: The elements of a taking. 36.08: Determination of the date of the taking. 36.09: Entitlement to compensation for the taking of additional avigation easements. 36.10: Liability for aircraft operations other than direct overflights. 36.11: Additional remedies. 36.12: Federal preemption. 36.13: Class actions. 36.14: Miscellaneous topics. Includes table of contents and conversion tables.

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