When a real property is taken by the sovereign’s exercise of its power of eminent domain, the claimant is not restricted in its quest for fair market value. Condemnation brings a clean slate in the formulation of fair market value.

Justice Oliver Wendell Holmes, sitting in the Supreme Judicial Court of Massachusetts in 1901, wrote, “If there is such a thing as a new title known to the law, one founded upon the taking by the right of eminent domain is as clear an example as can be found.”1

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]