Nichols on eminent domain

Nichols on eminent domain volume 7 contents: Ch. 1 - Introduction to the practice of eminent domain. 1.01: Overview. 1.02: Eminent domain law practice. 1.03: The challenge and professional satisfaction of eminent domain law practice. 1.05: Important constitutional precepts. 1.06: Basic condemnation procedures. 1.07: General practice suggestions. Ch. 1A - Precondemnation planning. 1A.01: Introduction. 1A.02: Government's strategy. 1A.03: Property owner's strategy. Ch. 1B - Determining the property rights acquired and dealing with modifications or attempted modifications to the taking. 1B.01: Introduction. 1B.02: The condemnor's initial resolution or order. 1B.03: The condemnor's initial resolution or order defines the rights acquired. 1B.04: The condemnor's initial resolution or order is binding on the condemnor. 1B.05: The proper consideration in assessing damages is what rights the condemnor has acquired, not what the condemnor intends to do with those rights. 1B.06: An unaccepted promise or stipulation by the condemnor to lessen the taking or mitigate damages does not affect the rights. 1B.07: The owner's rights to compensation vest at the time of taking. 1B.08: The condemnor can limit its taking and reserve some rights to the owner. 1B.09: Practice tips. Ch. 2 - Taking procedure. 2.01: Introduction. 2.02: Constitutional requirements. 2.03: Nature of the taking hearings. 2.04: Differences between normal and quick - takings. 2.05: Pre - taking considerations. 2.06: Issues litigated at the taking hearing. 2.07: Strategic considerations relating to the taking hearing. 2.08: Sample orders of taking. 2.09: Examination of division of highway engineer. 2.10: Quick - take hearing interrogation of appraiser. 2.11: Illustrative litigation challenging the necessity of a taking. Ch. 2A - Taking procedure in the fifty states and the District of Columbia. 2A.01: Constitutional due process protections. 2A.02: Extent to which condemnor must endeavor to use eminent domain procedure when property is taken for public use. 2A.03: State procedures. Ch. 3 - Presenting valuation to the jury. 3.01: Introduction. 3.02: Awareness of the factors influencing a jury's decision. 3.03: A jury will naturally comprehend only a fraction of what is presented to it. 3.04: A jury will make its decision on feeling more than reason. 3.05: A jury's verdict will be influenced by common prejudices. 3.06: A jury will favor the simple and practical over the complicated and theoretical. 3.07: A jury will favor fact over judgment. 3.08: In matters of judgment or controversy, the jury will more favorably regard the witness who is in the best position to know. 3.09: A jury responds better to a positive approach and sure momentum. 3.10: A jury will react strongly against overreaching. 3.11: Domonstrative evidence of valuation. 3.12: Time for the thought and work of winning. Ch. 4 - The appraisal process in eminent domain. 4.01: Introduction. 4.02: Selection of an appraiser. 4.03: Attorney / appraiser team. 4.04: The appraisal report. 4.05: What to look for in an appraisal. 4.06: The regulation of appraisers. 4.07: Trends in the field of real estate appraising. 4.08: Practical applications of regression analysis. 4.09: Cross - examination: how to protect yourself and the appraisal report. 4.10: Impact of state certification on the commercial appraisal market. 4.11: Disclosing an appraisal's limitations: an update. Appendix 4-1: Uniform standards of professional appraisal practice. Ch. 5 - Alternatives to the use of eminent domain. 5.01: The traditional approach. 5.02: Opportunities for innovation. 5.03: Illustrative forms. Ch. 6 - Settlement issues and techniques. 6.01: Introduction. 6.02: Practical considerations and techniques involved in negotiated settlements. 6.03: Legal issues involved in settlements. 6.04: Issues arising in postsettlerment litigation. 6.05: Procedural issues related to settlement. 6.06: Sample forms. Ch. 7 - Pretrial discovery in eminent domain. 7.01: Introduction. 7.02: The federal discovery rules. 7.03: Extent of discovery in eminent domain: federal and state procedures interpreted. 7.04: Federal and state legislation. Ch. 7A - Discovery of multiple appraisals and compelling testimony of adversary's appraisers. 7A.01: Introduction. 7A.02: Impact of the federal rules of civil procedure on the discovery of information concerning an adversary's appraisers. 7A.03: Compelling trial testimony of an adversary's appraisers. 7A.04: Sample discovery requests in an eminent domain cause. Ch. 8 - Trial procedures and techniques. 8.01: Introduction. 8.02: Important pretrial preparation considerations. 8.03: Identifying trial issues. 8.04: Planning for trial. 8.05: Complying with the pretrial order. 8.06: Identifying jury issues. 8.07: Case assessment. 8.08: Offers of judgment. 8.09: Organization of case file. 8.10: Conduct of the trial. 8.11: Sample forms and checklists. Ch. 8A - Introduction to tax consequences of condemnation. 8A.01: Introduction. 8A.02: Initial client conference. 8A.03: Recognizing and involuntary conversion. 8A.04: Replacement property qualifications. 8A.05: Time periods for replacement. 8A.06: Making the election. 8A.07: Basis in replacement property. 8A.08: Section 1250 property. 8A.09: Conclusion. 8A.10: Internal Revenue Service forms. Includes table of contents, list of contributing authors and sample forms.