00148903

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This review of the way courts and legislatures have treated claims for consequential damages in eminent domain illustrates the process by which American constitutional doctrine evolves in response to changing needs. Comments are made on injuries related to the physical condition of the land or economic costs, and American legal doctrine regarding just compensation in eminent domain is discussed. The nature of private property is examined as well as tests of taking in eminent domain. Operative terms in state constitutional provisions relating to duty to pay compensation in eminent domain are compared in a table. The concept of public use is discussed, and judicial construction and federal legislation (monetary compensation, compensation in kind, relation assistance) relating to compensation is examined. Statute and case laws are combined in a summary of the rules applicable to specific categories of consequential injury. Cases are discussed which relate to the impairment of access, interference with light, air, and view, interference with lateral support of land, physical interference with land and water resources, environmental damage due to traffic operations, interference with business activity, and costs of moving.

A supplement to this paper by J.C. Vance was published in Addendum 2, December 1980, pp 74-S1 through 74-S7.

English

p. 25-74

1976

Selected Studies in Highway Law

Tables (1)

Access; Businesses; Case studies; Courts; Economic conditions; Eminent domain; Employee compensation; Environmental impacts; Highway operations; Laws; Public land; Relocation (Facilities); Traffic

Compensation; Relocation

Economics; Environment; Highways; Law; Operations and Traffic Management

TRIS, TRB

Aug 28 1998 12:00AM

• EMINENT DOMAIN: A LOOK AT CURRENT PROBLEMS AND FUTURE DEVELOPMENTS
• OVERVIEW OF RULES OF COMPENSABILITY AND VALUATION EVIDENCE FOR HIGHWAY LAND ACQUISITION
• RULES OF DISCOVERY AND DISCLOSURE IN HIGHWAY CONDEMNATION PROCEEDINGS
• THE MEANING OF HIGHWAY PURPOSE
• TRIAL AIDS IN HIGHWAY CONDEMNATION CASES
• TRIAL STRATEGY AND TECHNIQUES TO EXCLUDE NONCOMPENSABLE DAMAGES AND IMPROPER VALUATION METHODS IN EMINENT DOMAIN
• TRIAL STRATEGY AND TECHNIQUES USING THE COMPARABLE SALES APPROACH TO VALUATION
• TRIAL STRATEGY AND TECHNIQUES USING THE COST LESS DEPRECIATION APPROACH TO VALUATION
• TRIAL STRATEGY AND TECHNIQUES USING THE INCOME APPROACH TO VALUATION
• VALUATION AND CONDEMNATION OF SPECIAL PURPOSE PROPERTIES
• WHERE DOES POLICE POWER END AND EMINENT DOMAIN BEGIN?