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COVID-19 and the Declaration of Taking Act: The Federal Government’s ‘Take Now, Pay Later’ Eminent Domain Power

When the federal government takes property through its eminent domain power, the Constitution requires that it pay just compensation. The Constitution, however, does not require the government to pay before it takes...more

Condemnation and COVID-19: When National Emergencies and Eminent Domain Collide

Federal, state and local governments are already taking unprecedented steps to “flatten the curve” of COVID-19 (commonly referred to as the coronavirus) to slow transmission and keep our health care system from surging past...more

Dropping All Pretext: Finding Bad Faith, Colorado Courts Reject City’s Attempted Condemnation

Courts have historically been reluctant to look behind a condemnor’s stated purpose for taking property but, in City of Lafayette v. Town of Erie, a Colorado trial court decided to lift that curtain. When it realized...more

Five Questions to Ask Before Hiring an Appraiser for a Condemnation Case

A highly skilled appraiser can be a champion for a landowner whose property is being taken by a government entity. A credible, well-supported appraisal report can help you reach a favorable settlement with the government on...more

Leftover Land? When the Government Takes Part of Your Property, What Happens to the Rest?

So many questions arise when a landowner finds out that a government entity intends to condemn his or her property. When? Why? How will I get compensated? What can I do to protect my rights? There are even more uncertainties...more

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