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State Dept. of Transp. v. Robbins & Robbins, Inc.

Case Conclusion Date: 05.01.2008

Practice Area: Real Estate

Outcome: Business defeated total taking of property.

Description: Eminent domain -- Department of Transportation's motion for leave to amend its eminent domain petition, under which it acquired a partial taking, in order to acquire remainder of property for purpose of eliminating claims for business and severance damages stemming from partial taking is denied -- Condemnor cannot convert partial taking to whole taking after title has vested from the partial taking -- Title vested in Department and right to compensation for partial taking vested in property owners on date Department deposited its estimate of value into court registry -- Further, DOT failed to negotiate in good faith and issue required notices for additional property it seeks to acquire in amended petition -- Resolution attached to petition authorized only a partial taking and authorized acquisition for road construction, not for purposes of limiting acquisition costs, and DOT failed to attach authorizing resolution to its motion for leave to amend

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