00488257

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The planning and preparation for the construction of new highways is a lengthy process involving a host of preliminary long-term studies, and the subsequent adherence to a schedule of events, the majority of which are mandated by law, that must be complied with in sequential order over a considerable period of time before title to land for right-of-way is acquired in an eminent domain action. This chain of events, commonly known as "planning and precondemnation activities," has an inevitable impact on property values. Lands lying in the corridor route may undergo appreciation in value as a result of the project, or suffer a decline in value by reason thereof. This paper is concerned with the latter, and considers the question of what remedy, if any, the property owner has to recover for damage to property prior to the time suit is instituted and land actually proceeded against and taken in condemnation.

Page range: 884-N75 through 884-N97.

Addendum 4

23 p.

1988-6

Selected Studies in Highway Law

0-309-02434-X

Appendices (1)

Depreciation; Eminent domain; Highway law; Highway planning; Impacts; Loss and damage; Property acquisition; Property values; Right of way (Land); Time

Finance; Highways; Law; I10: Economics and Administration

TRIS, TRB

Sep 30 1989 12:00AM

• ACQUISITION OF UNECONOMIC REMNANTS UNDER 23 U.S.C. 109(F)
• EXACTION OF RIGHT-OF-WAY BY EXERCISE OF POLICE POWER
• FIRST AMENDMENT ASPECTS OF CONTROL OF OUTDOOR ADVERTISING
• LEGAL AND PROCEDURAL ISSUES RELATED TO RELOCATION ASSISTANCE
• LEGAL TECHNIQUES FOR RESERVING RIGHT-OF-WAY FOR FUTURE PROJECTS INCLUDING CORRIDOR PROTECTION
• LIABILITY FOR HIGHWAY DRAINAGE DAMAGE: SUPPLEMENTARY MATERIAL
• LOCAL PLANS AND LAND-USE CONTROLS IN RELATION TO HIGHWAYS AND THEIR USE: SUPPLEMENTARY MATERIAL
• MINERAL RIGHTS IN RIGHTS-OF-WAY: ACQUISITION, VALUATION, AND DISPOSITION
• PAYMENTS TO PUBLIC UTILITIES FOR RELOCATION OF FACILITIES IN HIGHWAY RIGHTS-OF-WAY: SUPPLEMENTARY MATERIAL
• RIGHTS OF ABUTTING PROPERTY OWNER UPON CONVERSION OF UNCONTROLLED-ACCESS ROAD INTO LIMITED-ACCESS HIGHWAY
• SELECTED STUDIES IN HIGHWAY LAW--ADDENDUM 4
• VALUATION AND CONDEMNATION OF ADVERTISING SIGNS AND RELATED PROPERTY INTERESTS UNDER THE HIGHWAY BEAUTIFICATION ACT: SUPPLEMENTARY MATERIAL