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McGeorge Law Review

Abstract

Under present law, when a condemnor acquires property for a public use by condemnation, it acquires all the rights and incidents of ownership. If the condemnor thereafter fails to devote the property to the public use for which it was acquired or any other public use, it may transfer the property back to private ownership with no requirement that it provide preferential treatment to the former owner. This study reviews the law governing the condemnor's right to transfer property which was acquired for a public use to subsequent private ownership, and examines the issues and practical problems involved in developing a form of return right for the former owner.

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