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    S. Cary gaylord

    Case Notes - Counterclaim in Inverse Condemnation

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    Bethel Temple church and school

    Final recovery: $9,600,000

    Case Notes

    • On July 8, 1988, the Expressway Authority filed a Map of Reservation in order to prevent development on a portion of the 200 acre tract preserving the undeveloped land for the future Veteran's Expressway.


    • The Map of Reservation prevented the owner from obtaining development permits or constructing new structures on vacant land for a period of five years from the date of recording the Map. Due to the Map, the owner was forced to exclude large portions of the property from development while continuing to pay taxes and debt service on the excluded property without the ability to obtain a return on his investment on the property.


    • The Expressway Authority filed law suit to condemn a portion of the property without payment for the Map of Reservation. The property owner filed a counterclaim in inverse condemnation for the taking of its property by the Expressway Authority's Map of Reservation


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