This case has been cited 2 times or more.
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2009-02-10 |
TINGA, J. |
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| Typically, the time of taking is contemporaneous with the time the petition is filed. The general rule is what is provided for by Rule 67. There are exceptions--grave injustice to the property owner,[32] the taking did not have color of legal authority,[33] the taking of the property was not initially for expropriation[34] and the owner will be given undue increment advantages because of the expropriation.[35] However, none of these exceptions are present in the instant case. | |||||
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2008-12-10 |
CHICO-NAZARIO, J. |
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| A number of circumstances must be present in the taking of property for purposes of eminent domain: (1) the expropriator must enter a private property; (2) the entrance into private property must be for more than a momentary period; (3) the entry into the property should be under warrant or color of legal authority; (4) the property must be devoted to a public purpose or otherwise informally, appropriately or injuriously affected; and (5) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.[40] | |||||