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Title: WHERE APPROPRIATED LAND IS SUBJECT TO MULTIPLE INTERESTS IT IS VALUED AS BELONGING TO ONE PERSON AND THE SEVERAL INTERESTS ARE THEN ENTITLED TO LITIGATE THEIR PROPORTIONATE RIGHTS IN A SEPARATE PROCEEDING
Accession Number: 00238667
Record Type: Component
Abstract: VALUATIONS IN CONDEMNATION PROCEEDINGS ARE MADE BY A PERMANENT CONDEMNATION COMMISSION COMPOSED OF REAL ESTATE EXPERTS QUALIFIED IN DETERMINING LAND VALUATIONS IN MISSOURI PROCEDURES. THE QUESTION ON REVIEW CONCERNED THE COMMISSION'S FAILURE TO SEPARATELY VALUE AN ALLEGED EASEMENT IN ONE PARCEL OF APPROPRIATED LAND. THE CASE POINTS OUT THE DIFFICULTIES WHICH SURROUND THE USE OF A PERMANENT GROUP OF REAL ESTATE EXPERTS FOR CONDEMNATION VALUATIONS. SUCH DIFFICULTIES CAN USUALLY BE RESOLVED BY DELAYING THE USE OF THE COMMISSION UNTIL A STAGE IN THE LITIGATION WHEN THE COMPETING RIGHTS OF THE PARTIES HAVE BEEN SUFFICIENTLY RESOLVED SO THAT THE NATURE AND EXTENT OF EACH INTEREST CAN BE CLEARLY DESCRIBED TO THE COMMISSION TO PERMIT DETAILED VALUATIONS. (CITY OF ST. LOUIS V. WABASH R.R. CO., 421 S.E. 2D 302 (MO. 1967)).
Supplemental Notes: 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.
Pagination: pp 6-7
Publication Date: 1969-2
Serial: Media Type: Digital/other
TRT Terms: Old TRIS Terms: Subject Areas: Finance; Highways; Law
Files: TRIS, TRB
Created Date: May 5 1994 12:00AM
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