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· 5/4/1995

Crowder v. Wake County/Health Department

Citations

  • 340 N.C. 259
  • 456 S.E.2d 828
  • 1995 N.C. LEXIS 265

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that mere diminution in value does not constitute a taking
  • finding a taking where the Government’s threat to acquire property by eminent domain “paralyzed the plaintiffs’ use of and ability to sell their properties except to the [G]overnment” and prevented the plaintiffs from developing the properties
  • “Plaintiffs do not allege a discrete, disposi-tive act of the government, which would make it relatively clear if a taking has occurred.”
  • a reduction of a property’s value to less than a third of its original fair market value is no mere diminution in value
  • “[Wjhere a taking claim is based on progressive accumulation of events and governmental actions ... whether a constitutional taking has occurred requires ad hoc determination of the peculiar facts of the ease.”
  • government .actions resulted in de facto exercise of power of eminent domain

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.