00238626

Component

https://onlinepubs.trb.or...s/trcircular/89/89-003.pdf

HUMBLE PIPELINE COMPANY OPERATED A PIPELINE ACROSS DEFENDANT'S LAND PURSUANT TO A PREVIOUSLY ACQUIRED RIGHT- OF-WAY AND SOUGHT TO ADD AN ADDITIONAL ONE TEN FEET FROM IT. THE DEFENDANT CLAIMED COMPENSATION FOR EXTINCTION OF RESIDUAL VALUE OF LAND, SEVERANCE DAMAGES TO HIS REMAINING PROPERTY, AND AGRICULTURAL DAMAGES FOR CROP LOSS. THE COURT HELD AGAINST DEFENDANT ON ALL THREE CLAIMS. CONCERNING COMPENSATION FOR ACTUAL LOSSES, PAST DECISIONS RECOGNIZE THE THE PREDICTIVE ELEMENT IN DETERMINING HIGHEST AND BEST USE AND DO NOT ATTEMPT TO APPLY SUCH A DETERMINATION TO ACTUAL LOSS SITUATION SUCH AS DESTROYED CROPS. (HUMBLE PIPELINE CO. V. WILLIAM T. BURTON INDUSTRIES, INC., 205 SO. 2D 724 (LA. APP. 1968)).

No 89, pp 5-6. 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.

1968-12

Highway Research Circular

Digital/other

Agriculture; Courts; Crops; Employee compensation; Insurance claims; Land values; Loss and damage; Loss and damage claims; Losses; Pipelines; Property acquisition; Right of way (Land)

Compensation; Severance

Highways; Law; Pipelines; Terminals and Facilities

TRIS, TRB

Feb 10 1994 12:00AM

• NEW YORK COURT OF APPEALS REVERSES SCRAP VALUATION OF RAPID TRANSIT PROPERTY AND AWARDS DEPRECIATED ORIGINAL COST VALUE WHERE CITY INTENDED TO CONTINUE IDENTICAL USE OF THE PROPERTY
• NEW YORK SUPREME COURT, APPELLATE DIVISION, HOLDS THAT BOARD OF ESTIMATES MAY NOT REFUSE REDEMPTION OF FORECLOSED PROPERTY WHERE THE CITY HAS NO USE FOR THE PROPERTY
• OFFSET TO SEVERANCE DAMAGE BY BENEFIT TO PROPERTY ACROSS HIGHWAY WHERE UNITY OF OWNERSHIP AND USE EXIST
• SEEDLING TREES INCAPABLE OF TRANSPLANT NOT A SPECIAL CROP, BUT MAY BE CONSIDERED FOR INCOME LOSS AND VALUATION OF LAND ON WHICH THEY ARE LOCATED