State v. Helm’s Empirical Analysis

Citation profile

27 state decisions

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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A majority of the cases take the view —in the absence of statute imposing liability—that as the State, in commencing a condemnation proceeding, is exercising a legal right, and since every person owns property subject to the exercise of such right, the damage which he suffers by reason of the institution and prosecution of proceedings subsequently abandoned does not give rise to an action on his part, but is damnum absque injuria. This rule, however, is subject to the qualification that the condemning party shall have acted in good faith both in instituting and in abandoning the proceedings, and that the proceedings, when instituted, were diligently prosecuted. Unreasonable delay is held a ground for imposing liability. 121 A.L.R. 85 ; 30 C.J.S. Eminent Domain § 339.” (Emphasis added)”

   2 later decisions quote this exact passage
   e.g. City of Sedona v. Devol · 2 Ariz. App. 494 - Whitestone v. Town of South Tucson

2. “[t]he right to abandon condemnation proceedings may be relinquished by agreement or lost by estoppel.”

   1 later decision quote this exact passage
   e.g. Cornerstone Group XXII, L.L.C. v. Wheat Ridge Urban Renewal Authority