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Title: THE CONTINUING EVOLUTION OF INVERSE CONDEMNATION
Accession Number: 00238730
Record Type: Component
Abstract: THE TREND IN WISCONSIN TOWARD INVERSE CONDEMNATION IS EVIDENCED BY THE FOLLOWING ITEMS OF DAMAGE WHICH ARE NOW COMPENSABLE UNDER THE NEW STATUTE: (1) CHANGE OF GRADE WHERE THERE IS NO TAKING, (2) MOVING COSTS, (3) REARRANGEMENT OF PROPERTY ON THE SAME SITE, (4) COSTS OF REFINANCING, AND (5) COSTS OF BUILDING PLANS THAT ARE NO LONGER USABLE BECAUSE OF THE TAKING. THE BIGGEST PROBLEM CONCERNS COMPENSATION FOR THE CHANGE OF GRADE WHERE THERE IS NO TAKING. A RECENT LAW PASSED TO TAKE CARE OF WATER DAMAGE AMOUNTS TO AN INVERSE CONDEMNATION LAW. ACCORDING TO ITS PROVISIONS THE HIGHWAY COMMISSION HAS TO FURNISH SUFFICIENT DITCHES AND CULVERTS OR OTHER OUTLETS TO ALLOW THE FREE AND UNOBSTRUCTED FLOW OR PERCOLATION OF WATER FROM ADJACENT LANDS ONTO THE HIGHWAY RIGHT-OF-WAY, OR OTHER PLACES DESIGNED TO RECEIVE AND ABSORB WATER AND TO PREVENT THE LOWLANDS FROM BEING FLOODED. SINCE IT IS AN IMPOSSIBILITY TO BUILD A HIGHWAY THAT DOES NOT INTERFERE TO SOME DEGREE WITH THE PERCOLATION OF WATER AND THE FLOW OF WATER, A SUGGESTED BILL HAS BEEN PUT THROUGH THE LEGISLATIVE COUNSEL MAKING THIS DAMAGE NONCOMPENSABLE. WISCONSIN COURTS HAVE HELD THAT IN MAKING THE AWARD OF DAMAGES IN CONDEMNATION, WHERE THE STATE ALLEGES THAT IT DOES NOT ADMIT TITLE IN THE PROPERTY OWNER, THE MATTER OF OWNERSHIP OR PROPERTY RIGHTS BECOMES AN ISSUE FOR ADJUDICATION. CASES ARE CITED WHICH SHOW THE TENDENCY OF THE COURTS TO ENLARGE THE CONCEPT OF JUST COMPENSATION.
Supplemental Notes: pp 94-101. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
Monograph Title: Monograph Accession #: 01410760
Corporate Authors: Highway Research Board (HRB) Washington, DC Authors: Barrett, RichardDiscussers: Lindas, Leonard I; Thomson, James E; Carlson, Robert F; Barrett, Richard E; Henson, Charles N; Abrahams, Richard K; Montano, Joseph; Buscher, Joseph D
Pagination: pp 94-101
Publication Date: 1962
Conference:
Workshop on Highway Law
Location:
Wisconsin, United States Media Type: Digital/other
Features: References
TRT Terms: Uncontrolled Terms: Old TRIS Terms: Subject Areas: Finance; Freight Transportation; Highways; Law
Files: TRIS, TRB
Created Date: Sep 29 1994 12:00AM
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