Nichols on eminent domain

Nichols on eminent domain volume 8A contents: Ch. 15 - Costs and attorney's fees. 15.01: Introduction. 15.02: State law provisions for recovery. 15.03: Federal law provisions for recovery. 15.04: Rationale for recovery. 15.05: Business development. 15.06: Employment agreements. 15.07: Costs. 15.08: Recovery of costs and attorney's fees. 15.09: Bibliographies. App. 15-1: Amended Florida statutes. App. 15-2: Illustrative employment agreements. Ch. 16 - Severance damages - reduction in value of remainder. 16.01: Introduction. 16.02: Severance damages. 16.03: Special areas. 16.04: Special benefits. 16.05: Standard jury instructions. Ch. 17 - Right - of - way reservations. 17.01: Reasons for employing right - of - way reservations and their legal implications. 17.02: Types of right - of - way reservations. 17.03: United States Supreme Court takings cases and reservations. 17.04: State judicial review of right - of - way reservations. 17.05: Practitioner's guidelines for challenging a right - of - way reservation. 17.06: Suggested model right - of - way reservation provisions. Ch. 18 - Condemnation blight. 18.01: Introduction. 18.02: Rationale for compensation for condemnation rights. 18.03: Situations in which condemnation blight occurs. 18.04: Methods of valuation for condemnation blight. 18.05: Other noninvasive takings. 18.06: Alternative solutions for landowner. 18.07: Issues still to be resolved. Ch. 19 - Foreign takings by the United States. 19.01: Introduction. 19.02: Standing of a foreigner to raise the fifth amendment. 19.03: Taking of property outside the United States. 19.04: The war cases. 19.05: United States "influence". 19.06: United States "control". 19.07: "Social contract" and "natural rights" approaches to constitutional interpretation. 19.08: Application of the just compensation clause to foreign takings. Ch. 20 - Relocation benefits in eminent domain. 20.01: Introduction. 20.02: Historical perspective. 20.03: Uniform Relocation Assistance and Real properties Acquisition Policies Act of 1970. 20.04: Regulations. 20.05: Judicial review and interpretation. Appendix 20-1: Uniform relocation assistance and real property acquisition policies for federal and federally funded programs. Appendix 20-2: HUD relocation benefit forms. Ch. 21 - Railroad rights of way. 21.01: Right of railroad companies to take land by eminent domain. 21.02: Railroad Revitalization and Regulatory Reform Act. 21.03: Section 1247(d) of the Trials Act. 21.04: Constitutional challenges to section 1247(d). 21.05: Conversion of railroad lines to trails. Appendix 21-1: Relevant legislation and documents. Ch. 22 - Business and plant closings: the expansion of the "public use" doctrine in eminent domain. 22.01: Plant closings as a public issue. 22.02: Expansion of the "public use" doctrine in eminent domain to prevent plant closings or relocations. 22.03: Possible limitations upon the use of eminent domain to prevent plant closings or relocations. 22.04: Examples of possible uses of eminent domain to halt plant closings. 22.05: Summary and final evaluation of the use of eminent domain to halt plant closings and relocations. 22.06: Petition for hearing: the City of Oakland v. The Oakland Raiders. Ch. 23 - Condemnation of billboard interests. 23.01: Introduction. 23.02: Historical perspective. 23.03: Compensability. 23.04: Valuation. Appendix 23-1: Findings of fact, conclusions of law and order for judgment in State of Minnesota v. Weber - Connely, Naegele, Inc. Appendix 23-2: Valuation techniques for outdoor advertising structures and billboards. Ch. 24 - Handling the inverse condemnation case: challenging land use regulations. 24.01: Introduction. 24.02: Modern inverse condemnation jurisprudence. 24.03: Protected property rights. 24.04: Types of regulatory takings. 24.05: Procedural and jurisdictional aspects of taking challenges. 24.06: Related constitutional claims. 24.07: Section 1983 issues. 24.08: The taking inquiry. Ch. 25 - Alternate methods of dispute resolution in condemnation proceedings. 25.01: Introduction. 25.02: Alternative Dispute Resolution (ADR). 25.03: Selection of method and timing. 25.04: Perceived advantages and disadvantages of methods. 25.05: Mediation. 25.06: Arbitration. 25.07: Future use application. Appendix 25-1: Condemnation data sheet. Appendix 25-2: Memorandum of settlement. Appendix 25-3: Statement of position. Appendix 25-4: Motion for mediation. Appendix 25-5: Objection to referral for mediation. Appendix 25-6: Mediation order. Appendix 25-7: Motion to compel arbitration and stay pending eminent domain proceeding. Ch. 26 - Eminent domain, power lines and electromagnetic fields. 26.01: Introduction. 26.02: Governments and EMF: Analysis and review. 26.03: Administrative selection process and procedure. 26.04: The judicial method (or the fifth policy response). 26.05: Remedies, practice pointers and pitfalls. 26.06: Recommendations and overview. Ch. 27 - Wetlands issues in eminent domain cases. 27.01: The nature and value of wetlands. 27.02: Regulatory framework. 27.03: Permitting process and the entities involved. 27.04: Wetlands and regulatory takings. 27.05: Value of wetlands in eminent domain actions. 27.06: Authority to condemn wetlands or for wetlands mitigation. 27.07: Winning the case. 27.08: Analysis and conclusion. Ch. 28 - Fixtures. 28.01: Introduction. 28.02: Test for fixtures generally. 28.03: Methods of valuation. 28.04: To whom compensation is to be paid. 28.05: Removal of fixtures. 28.06: Conclusion. Appendix 28-1: Summary of soft costs from condenee's appraisal. Ch. 29 - Loss of business goodwill. 29.01: Introduction to business goodwill. 29.02: Loss of goodwill not compensable. 29.03: Compensation for loss of goodwill. 29.04: Federal rule. 29.05: Limitations of goodwill recovery. 29.06: Noncompensable losses. 29.07: Measurement of business goodwill. 29.08: Burden of proof. Ch. 30 - Valuation of retail property. 30.01: Introduction. 30.02: Overview of general principles. 30.03: Valuation of the fee simple. 30.04: Measure of leasehold damages. 30.05: Particular elements or items of damage or compensation. 30.06: Special or consequential elements of damage or compensation. 30.07: Miscellaneous costs or damages. 30.08: Apportionment between the lessor and lessee. 30.09: Retail commercial property appraisals. Appendix 30-1: The condemnee's appraisal. Appendix 30-2: The condemnor's appraisal. Includes table of contents and forms.