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Highest and Best Use in Eminent Domain Evaluations
Episode Summary:
In this episode of Stolen, Attorney Chad Brown and Attorney Caleb Wheeler explain what “highest and best use” means in eminent domain cases — and why it’s one of the most important factors in determining fair compensation. They break down the four-part test used to establish a property’s true value, discuss historical court cases that shaped the concept, and show how property owners can use this knowledge to maximize recovery when the government takes their land.
Key Timestamps:
00:00 – Overview of the episode and the importance of understanding property valuation in eminent domain.
00:02 – Explanation of the concept and how it determines the fair value of a property.
00:04 – Legal permissibility, physical possibility, financial feasibility, and maximum productivity.
00:05 – Key court cases like Boom Co. v. Patterson and Olson v. United States that defined “highest and best use.”
00:10 – How zoning laws, subdivision restrictions, and feasibility impact valuation.
00:12 – How understanding highest and best use directly affects compensation in condemnation cases.
00:15 – Residential properties with commercial potential and how re-zoning or mixed-use zoning can increase value.
00:18 – How hidden potential like lithium deposits or energy projects can impact property worth.
00:20 – The importance of using solid, objective evidence rather than assumptions or personal beliefs.
00:22 – Property owners must understand the different ways their land can be used to ensure fair compensation.
About the Show:
Stolen is the world’s leading eminent domain podcast hosted by Attorney Chad Brown. The show educates property owners on their rights when the government or utility companies take — or damage — private property. Each episode simplifies complex legal issues to help owners protect what’s theirs and secure the compensation they deserve.
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By dennis2qEpisode Summary:
In this episode of Stolen, Attorney Chad Brown and Attorney Caleb Wheeler explain what “highest and best use” means in eminent domain cases — and why it’s one of the most important factors in determining fair compensation. They break down the four-part test used to establish a property’s true value, discuss historical court cases that shaped the concept, and show how property owners can use this knowledge to maximize recovery when the government takes their land.
Key Timestamps:
00:00 – Overview of the episode and the importance of understanding property valuation in eminent domain.
00:02 – Explanation of the concept and how it determines the fair value of a property.
00:04 – Legal permissibility, physical possibility, financial feasibility, and maximum productivity.
00:05 – Key court cases like Boom Co. v. Patterson and Olson v. United States that defined “highest and best use.”
00:10 – How zoning laws, subdivision restrictions, and feasibility impact valuation.
00:12 – How understanding highest and best use directly affects compensation in condemnation cases.
00:15 – Residential properties with commercial potential and how re-zoning or mixed-use zoning can increase value.
00:18 – How hidden potential like lithium deposits or energy projects can impact property worth.
00:20 – The importance of using solid, objective evidence rather than assumptions or personal beliefs.
00:22 – Property owners must understand the different ways their land can be used to ensure fair compensation.
About the Show:
Stolen is the world’s leading eminent domain podcast hosted by Attorney Chad Brown. The show educates property owners on their rights when the government or utility companies take — or damage — private property. Each episode simplifies complex legal issues to help owners protect what’s theirs and secure the compensation they deserve.