Nelis v. Redevelopment Authority’s Empirical Analysis
1972
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2018
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Faranda Appeal
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Filing and exclusive method of challenging certain matters.- (1) Within 30 days after being served with notice of condemnation, the condemnee may file preliminary objections to the declaration of taking. * * * (2) Preliminary objections shall be limited to and shall be the exclusive method of challenging: (i) The power or right of the condemnor to appropriate the condemned property unless it has been previously adjudicated. (ii) The sufficiency of the security. (iii) The declaration of taking. (b) Waiver.-Failure to raise by preliminary objections the issues listed in subsection (a) shall constitute a waiver. Issues of compensation may not be raised by preliminary objections.”
4 later decisions quote this exact passage“If upon the date of the filing of a declaration of taking the property owner is of the opinion that prior activities and actions of the condemnor constitute a [ d ] e facto taking, a condemnation as a matter of law has already occurred. In such an event, the condemnor's attempted exercise of that power by the filing of a declaration of taking is in issue, an issue which in our opinion goes to the very heart of its power or right to condemn by formal condemnation proceedings. It is precisely the type of issue which the legislature intended to be preliminarily determined by the court, with evidentiary support if necessary, before the matter proceeded to the amount of just compensation and the property interests entitled thereto.”
1 later decision quote this exact passage“[t]he issue of a [d]e facto taking having occurred prior to the filing of a declaration of taking ... must be raised by preliminary objection to the declaration, and failure to do so constitutes a waiver to thereafter raise the issue.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.