Several cases focused on the issue of due process notice in eminent domain.  In Divine v Town of Nantucket,449 Mass. 499, ___ N.E.2d ___ (July 19, 2007), the Supreme JudicialCourt of Massachusetts invalidated the town’s 1968 exercise of eminentdomain since the town’staking listed the owners of the property as “owners unknown,” which wasnot sufficient notice to the landowner.  In Brody v. Village of Port Chester,No. 00 Civ. 7481 (HB) (SDNY, July 18, 2007), a New York federal courtheld that a municipality wrongfully exercised eminent domain and deniedthelandowner procedural due process by not providing proper notice of hisright to contest the taking.

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