Property Transactions

Question 1

General Assembly has limited condemnation to projects qualifying as “public uses,” and has defined these narrowly to include only:

Answer 1

1. use by the public
2. public facilities, like airports, libraries, or jails
3. use by a utility or railroad
4. to eliminate a specific “blighted” property that has become a public safety danger
5. where an owner of property in a redevelopment or conservation area agrees to such acquisition

Question 2

Govt body may exercise the power of eminent domain and by proper proceeding condemn any land, building, or personal property, including any interest of any individual or corporation whenever:

Answer 2

1. there exists a PUBLIC NEED for property, which MUST be declared in the resolution or ordinance directing the condemnation; and
2. The “condemnor,” having made a GOOD FAITH OFFER, cannot agree with the owner as to the compensation to be paid to the owner

Question 3

Who has the burden to show that the planned use is “public”?

Answer 3

The condemnor.

There is NO presumption that the purpose is public

Question 4

What is the measure of recovery?

Answer 4

The fair market value of the property taken (including rental revenue it generated)

Question 5

What does “loss access” mean?

Answer 5

A material impairment of direct access to the specific parcel of residue property retained by the owner because of the taking of the other parts of the property

Question 6

What does “lost profits” mean?

Answer 6

A loss of profits suffered for a period of up to three years as a result of a taking of the property on which a business or farm operation is located.

Question 7

T/F: The loss in value of the remaining property is compensable.

Answer 7

True.

Question 8

What are the fact finders in a condemnation case called and how are they selected?

Answer 8

They are called commissioners and are selected like civil jurors.

Question 9

Inverse condemnation claim

Answer 9

• Property owner institutes when property is taken indirectly (such as damaging, or rendering it less useful) without formal condemnation.
• Files a proceeding to obtain a declaratory judgment or damages

Question 10

T/F: A municipal corporation has the right to sell or lease public property.

Answer 10

True

Question 11

Sale of land must be based on an ordinance or resolution passed by ______ of the governing body of the municipality.

Answer 11

a 3/4 vote

Question 12

Leases of real property by a municipal entity are limited to how many years?

Answer 12

40