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Oral agreement to buy property does not create a compensable property interest when the property is condemned

November 21st, 2011 by Joseph William Singer

The Nebraska Supreme Court ruled that a potential buyer who had an oral contract to buy real estate did not have a right to just compensation when the property was condemned by public authorities. American Central City, Inc. v. Joint Antelope Valley Auth., 2011 WL 2420787 (Neb. 2011). Although oral agreements to buy property are enforceable despite the statute of frauds in cases of part performance, the Nebraska Supreme Court ruled that the potential buyer’s sole remedy was against the seller of the property rather than the public authorities that took the property by eminent domain.

Posted in Real estate transactions, Statute of frauds, Takings | Comments Off on Oral agreement to buy property does not create a compensable property interest when the property is condemned

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