00488261

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The acquisition and ownership of highway rights-of-way have created numerous issues involving the minerals located in, on, or underlying the right-of-way. The acquisition of rights-of-way, by purchase or condemnation, frequently involves the acquisition or damaging of the mineral interest. Since minerals are usually only acquired when the public agency obtains the fee estate, the first issue addressed is the status of the title acquired by the highway agency through right-of-way acquisition. The second major issue facing highway agencies in the acquisition of mineral bearing rights-of-way is the valuation of those mineral lands. This paper attempts to explore several of the valuation questions that have plagued courts and to describe the recent cases that may indicate a trend toward liberalization of the rules regarding the evidence admissible on the valuation of mineral lands under condemnation. Thirdly, the method of disposing of minerals underlying highway rights-of-way, including the leasing of oil and gas, has created problems for highway agencies. This paper describes some of the issues, some of the answers, and some practical suggestions for dealing with the problems.

Page range: 936-N199 through 936-N226.

Addendum 4

28 p.

1988-6

Selected Studies in Highway Law

0-309-02434-X

Appendices (1)

Easements; Eminent domain; Evidence; Highway law; Leasing; Mineral resources; Property acquisition; Property condemnation; Property management; Right of way (Land); Valuation

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
• PAYMENTS TO PUBLIC UTILITIES FOR RELOCATION OF FACILITIES IN HIGHWAY RIGHTS-OF-WAY: SUPPLEMENTARY MATERIAL
• PLANNING AND PRECONDEMNATION ACTIVITIES AS CONSTITUTING A TAKING UNDER INVERSE LAW
• 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