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Highway departments frequently are sued by property owners for damages for an alleged taking or damaging of their property by the department; however, the departments often pay compensation as a result thereof without receiving a fee simple title, or other legal interest, easement, or servitude to the property "taken". Moreover, as is demonstrated in this paper, in some instances the department has paid compensation for the equivalent of the full "fee" value of the property and, yet, has not obtained a fee simple title. Of course, the landowner is unlikely to be concerned whether the department receives title, or an equivalent title, to the property taken. This paper examines some of the procedural problems and suggests alternatives for securing title or appropriate legal interest commensurate with the compensation awarded.

Page range: pp 884-N51 through 884-N73. This paper was also published as NCHRP Research Results Digest No. 134, July 1982, 13 pages; the title was changed to "Procedural Aspects of Inverse Condemnation - Title or Interest Acquired by Transportation and Other Public Agencies".

Addendum 3

English

23 p.

1982-12

Selected Studies in Highway Law

Employee compensation; Litigation; Loss and damage; Ownership; Property acquisition; Property condemnation; Right of way (Land); State highway departments

Compensation

Highways; Law

TRIS, TRB

Aug 31 1998 12:00AM

• LOCAL PLANS AND LAND-USE CONTROLS IN RELATION TO HIGHWAYS AND THEIR USE