In his Condemnation and Tax Certiorari column, Michael Rikon writes: Ordinarily, the potential uses the court may consider in determining value of a property taken by eminent domain are limited to those uses permitted by the zoning regulations at the time of taking. When, however, there is a reasonable probability of rezoning, some adjustment must be made to the value of the property as zoned.
April 26, 2016 at 03:00 AM
1 minute read
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
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