February 18th, 2021 — In

Can The Government Abandon An Eminent Domain Taking After Filing? After My Property Has Been Taken From Me? Or After Just Compensation Has Been Finally Determined?

This Article is written by Owners’ Counsel of America for general informational purposes only.  It is intended to assist landowners by providing them with some basic information about the legal concept of  “Abandonment” as it pertains to the exercise of the eminent domain power.  This Article is not to be viewed as providing legal advice or to be considered as a substitute for consulting with an experienced eminent domain, takings or property rights lawyer on the matters covered herein. The definition of all hyper-linked terms can be found in the Dictionary of Key Terms on the OCA Website.  It often comes as a complete surprise to the average property owner that a condemning body may have the right to simply walk away from a condemnation action that it has either threatened, initiated through the courts or prosecuted to the end result that a final detemination of just compensation has been rendered. However, in each of these situations, depending upon the law in the subject jurisdiction, it is entirely possible that the condemnation action can be dismissed and the property involved not taken. This does not mean, however, that a condemnor will not be held responsible for the property owner’s resulting costs, expenses and damages as discussed more fully herein. Understanding the concept of  “Abandonment.“ In nearly every state, condemning authorities have some right to abandon or dismiss a condemnnation action, meaning that they can decide not to pursue the case, even after it has been filed and even after a […]

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