State courts have adopted different approaches to valuing contaminated properties for purposes of awarding just compensation in eminent domain proceedings. Of the states that have adjudicated this issue, the majority have held that evidence of contamination is admissible under the principle that market value is the best measure of just compensation and contamination is relevant to market value. A minority exclude contamination evidence to avoid penalizing the condemnee for contamination twice: once in the form of a reduced compensation award and again when the condemnee is held liable for remediation costs in a cost- recovery proceeding. A few states have adopted a third alternative, the trust- escrow approach, which omits evidence of contamination during the condemnation proceeding and...
For many people, the words "condemned building" bring to mind a creaky, dilapidated house with boarded-up windows and caution signs posted: somewhere you don't dare go without a hard hat. But in Baltimore, the use of condemnation powers -- otherwise known as eminent domain -- has become synonymous with urban renewal. The government's right to condemn and seize private property, sometimes perfectly intact and well-maintained, and convey it to another private owner is the engine driving many of the city's most important development efforts.
In a disputed condemnation case with the city of Herculaneum, commissioners awarded $326,000 to property owners on Nov. 10. The city is seeking to acquire right-of-way property for the $11 million project to upgrade the I-55 and McNutt Street interchange. Properties were appraised and offers made prior to the city filing condemnation cases against Stardust Properties of Arnold and Herky Commercial of St. Louis.
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