When a real property is taken by the sovereign’s exercise of its power of eminent domain, the claimant is not restricted in its quest for fair market value. Condemnation brings a clean slate in the formulation of fair market value.
Justice Oliver Wendell Holmes, sitting in the Supreme Judicial Court of Massachusetts in 1901, wrote, “If there is such a thing as a new title known to the law, one founded upon the taking by the right of eminent domain is as clear an example as can be found.”1
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