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August 30th, 2012 — By — In News & Events

New Eminent Domain Book Sheds Light on the “Dark Corner of the Law”

A new book, The Law of Eminent Domain: Fifty-State Survey, has recently been published by the ABA Section of Litigation, Condemnation, Zoning and land Use Committee offering a summary of the laws and procedures of condemnation in each state and the District of Columbia.  By providing a single reference source for questions about condemnation in every state jurisdiction and DC, the Condemnation, Zoning and Land Use Committee and many contributors to the project have succeeded in illuminating this area of law, which has been referred to as the “dark corner of the law” by such revered legal scholars as Lewis Orgel and Gideon Kanner.

William (Bill) G. Blake of Baylor, Evnen, Curtiss, Grimit & Witt, LLP in Lincoln, Nebraska and the Nebraska Member of the Owners’ Counsel of America, edited the book. “While this project required significant work by myself and Committee Chairs to identify and secure authors for each state and D.C., the end result is a collaborative product produced by more than 51 experienced eminent domain attorneys from across the country,” he said. “It truly was a pleasure working with each of the authors and the Committee Chairs to successfully complete the project and publish a resource that sheds light on the many complexities and variations of the eminent domain process in each jurisdiction.” 

A number of attorneys affiliated with the Owners’ Counsel of America authored chapters in The Law of Eminent Domain, including Oregon Member Jill S. Gelineau, of Schwabe, Williamson & Wyatt in Portland, who supported the project as a past co-chair of the committee and as a state author.   “I am pleased that the efforts of many people have resulted in publication of The Law of Eminent Domain: Fifty-State Survey. This is a tremendously valuable resource for property owners, as well as condemnation, zoning and land use practitioners, across the nation,” she said.

The other eminent domain lawyers affiliated with the Owners’ Counsel who contributed to the publication as state authors include Warren C. Herlong and Casey Pipes (Alabama), Brandon K. Moffitt (Arkansas), Robert H. Thomas (Hawaii), John R. Hamilton (Kansas), James D. Masterman (Massachusetts), Mark D. Savin (Minnesota), Michael A. Schneider (Nevada), Anthony F. Della Pelle (New Jersey), Michael Rikon (New York), Mark Meierhenry (South Dakota), John Kevin Walsh (Tennessee), and H. Dixon Montague (Texas), and Jermey Hopkins (Virginia).

Owner’s Counsel of America applauds the work of Editor Bill Blake, the ABA Condemnation Committee and Co-Chairs, Casey Pipes and Robert J. Will, and all of the contributing authors to complete the publication of The Law of Eminent Domain and congratulates Bill Blake for being named Co-Chair, along with Casey Pipes, of the ABA’s Condemnation, Zoning and Land Use Committee for 2012-2013.

The Law of Eminent Domain: Fifty State Survey is available for purchase in eBook and paperback format on the ABA website here.

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About The Law of Eminent Domain: Fifty-State Survey

A single resource for eminent domain practitioners, this guide is a reference for questions about eminent domain and condemnation procedure in every state and the District of Columbia. Each state outline is organized in the following manner:

  • Who is Eligible to Condemn?
  • What can be Condemned?
  • The Condemnation Proceedings
  • Procedure to Challenge Condemnation
  • Inverse Condemnation
  • Just Compensation Issues
  • How are Various Ownership Interests Treated?
  • Abandonment
  • Attorney’s Fees and Costs