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Archive | Title vesting

May 27, 2021

No – You Do Not Get Immediate Possession

Some condemnation counsel believe that once their client obtains title that the condemnor can move on and possess the subject property.  Not so.  Vesting title is prescribed by Section 402 of the Eminent Domain Procedure Law. Most condemnations will be controlled by Subdivision B and take place in the Supreme Court.  The law sets strict requirements as to the necessary documents to be filed with a petition to condemn along with absolute time requirements for service. After fully complying with all statutory requirements, a Supreme Court Justice will sign an… read more

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Posted in Condemnation, Possession, Title vesting
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June 19, 2014

Condemnors Acting Badly, Another Installment

It is a straight forward concept. If you exercise your power of eminent domain, you must, under our Federal and State Constitutions, pay just compensation. Section 101 of the Eminent Domain Procedure Law (“EDPL”) states that it is the purpose of the EDPL “to assure that just compensation shall be paid to the persons whose property rights are acquired by the exercise of the power of eminent domain.” The same provision requires payments to property owners to be expedited. The policy, set forth in section 301 requires the condemnor to… read more

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Posted in Eminent Domain Abuse, Title vesting, Trade fixtures, Valuation
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