00335148

Component

http://onlinepubs.trb.org...ubs/sr/sr192/sr192-019.pdf

This paper on the debilitating effect upon the value of land caused by imminent or potential condemnation (inverse condemnation), focuses on the impact of proposed highways upon a landowner's rights and privileges, especially with regard to Prince George's County and Montgomery County in Maryland. The purpose and use of a master plan within the jurisdiction of the Maryland-National Capital Park and Planning Commission is explained, and the case is described of the problems encountered by a developer and landowner in securing building permits where the subject property is located within the path of a proposed road. A recent Maryland Court of Appeals involved a subdivision process that provided that a submitted plan of subdivision must conform with the relevant mast plan. In both Prince George's and Montgomery Counties, a parcel of land being processed pursuant to the local subdivision procedures may be placed in "reservation" for a period not exceeding three years. If the landowner has no plans for the land, wants the tax liability abrogated, and wants to sell the land, then the reservation can be beneficial. If, however, this is not the case, chances are that the landowner is injured by the reservation. A court case relating to this is citied. It is suggested that the added cost of condemnation caused by development should be spread over the entire public rather unduly burdening a simple landowner.

Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved. This paper appeared in Transportation Research Special Report No. 192, Relocation and Real Property Acquisition.

00335312

pp 43-45

1981

Transportation Research Board Special Report

Relocation and Real Property Acquisition. Proceedings of a Conference

Digital/other

Courts; Developers; Highways; Impact studies; Land; Land values; Location; Master plans; Ownership; Property condemnation; Road construction; Subdivisions

Highway location

Economics; Highways; Law; Society; I10: Economics and Administration

TRIS, TRB

Aug 15 1981 12:00AM

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• CONFERENCE SUMMARY AND HIGHLIGHTS
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• PROPERTY ACQUISITION
• PROPOSED REVISIONS IN THE UNIFORM RELOCATION ACT
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• UNIFORM RELOCATION POLICIES IN THE 1980S
• WHAT'S WRONG WITH THE UNIFORM ACT?