00148914

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This paper considers some of the legal problems now facing each state that undertakes compliance with the federal mandate to eliminate nonconforming signs and to pay "just compensation" for the property interests taken from sign owners and landowners. The Federal Highway Administration guidelines permit the States to develop schedules, formulas, and methods to simplify valuation in order to minimize administrative and legal expenses in determining "just compensation". The issues of the public purpose and public use are discussed as well as the question of necessity of the taking, and the requirement of purchase negotiations. Cases are discussed where the landowner also owns the nonconforming advertising sign, and the property interest that is to be acquired by the State is either a full ownership interest in the sign itself or an incorporeal interest in the land. Cases are also discussed where the land and sign are not under common ownership. A review of the general principles of valuation in eminent domain covers the market data or sales approach, the income approach, and the cost approach. The valuation of property interest taken pursuant to state advertising control statutes are discussed in relation to the case when sign and land are under common ownership, and when the sign is constructed on the land of another pursuant to an advertising lease.

A supplement to this paper by J.C. Vance was published in Addendum 3, December 1982, pp 614-S1 through 614-S4.

English

p. 571-613

1976

Selected Studies in Highway Law

Beautification; Employee compensation; Governments; Highways; Land values; Legal factors; Present value; Property condemnation; Roadside advertising; Utilization

Compensation; Values

Highways; Law; Research

TRIS, TRB

Aug 28 1998 12:00AM

• ADVANCE ACQUISITION OF HIGHWAY RIGHTS-OF-WAY
• JOINT DEVELOPMENT UNDER THE MODEL AIRSPACE ACT
• LIABILITY FOR HIGHWAY DRAINAGE DAMAGES
• SUPPLEMENTAL CONDEMNATION: A DISCUSSION OF THE PRINCIPLES OF EXCESS AND SUBSTITUTE CONDEMNATION
• THEORY AND PRACTICE IN INVERSE CONDEMNATION FOR FIVE REPRESENTATIVE STATES
• VALUATION AND CONDEMNATION PROBLEMS INVOLVING TRADE FIXTURES
• VALUATION CHANGES RESULTING FROM INFLUENCE OF PUBLIC IMPROVEMENTS
• VALUATION IN EMINENT DOMAIN AS AFFECTED BY RECOGNITION OF BENEFITS TO REMAINDER PROPERTY
• VALUATION IN EMINENT DOMAIN AS AFFECTED BY ZONING
• VALUATION OF AIRSPACE