When can government "take" private property for a "public purpose"? Can private property owners obtain restitution for partial takings and business damages? This manual is a comprehensive treatment of current legal practice, including detailed review of proceedings from both the condemnor's and condemnee's perspective.

Highlights of the new Eighth Edition:

Discussion of:

practical considerations for ongoing negotiations during trialpossible amendment to jury instruction re: business damages (qualified partial taking/relocation)

FDOT's incentive program to reduce project time and cost

IRS's interpretation of facts re: replacement property/period, expenses incurred in defense of condemnation proceeding, and "rental" income generated by temporary condemnation

Revisions to:

list of statutes authorizing or limiting power of eminent domain

checklist for initial client conference

Bert J. Harris, Jr., Private Property Rights Protection Act

Fla.R.Civ.P. 1.525 re: taxing fees and costs

inverse condemnation discussion

New case law addressing issues such as:

substantive and procedural due process and equal protection

prejudgment interest in inverse condemnation cases

bad faith actions to improve property in order to enhance award

compensation for taking of trees and crops

whether Uniform Relocation Assistance Act provides private right of action for money damages

Updated forms, and new forms for mediated settlement agreement for fees and costs, and case management order for complex eminent domain litigation

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