00148919

Component

Purchase a digital copy of this publication for $25 USD

Excess condemnation or marginal land acquisition is defined and cases related to the question of excess taking are discussed. It is noted that in many cases a true excess taking has been factually involved, but the courts have refused to pass directly on the question of the legality of the excess taking, electing instead to turn the case on necessity which is usually a matter for legislative determination. The justification (according to recognized literature) for the acquisition of excess or marginal land is set forth, and cases illustrative of the early attitude of the courts are outlined. Cases are also presented which are illustrative of a municipal excess acquisition and subsequent resale, and a typical statutory provision authorizing excess or marginal acquisition. A number of highway cases that merit special attention are also discussed. The subject of substitute condemnation is examined and six landmark cases which form the basis of the substantive law on this subject are reviewed.

A supplement to this paper by J.C. Vance was published in Addendum 2, December 1980, pp 796-S1 through 796-S4.

English

p. 767-795

1976

Selected Studies in Highway Law

Case studies; Courts; Laws; Property acquisition; Property condemnation

Highways; Law

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
• THEORY AND PRACTICE IN INVERSE CONDEMNATION FOR FIVE REPRESENTATIVE STATES
• VALUATION AND CONDEMNATION OF ADVERTISING SIGNS AND RELATED PROPERTY INTERESTS UNDER THE HIGHWAY BEAUTIFICATION ACT
• 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