00148905

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This paper, which attempts to provide a broad insight into the more significant changes that are taking place in the field of eminent domain, examines the extent of public land acquisition and discusses such aspects as noise damage (various design noise level and land use relationships are tabulated), relocation assistance, last resort housing, advance acquisition, functional replacement, outdoor advertising signs and sites, and land acquisition policies. It is noted that pervasive developments are changing the emphasis and direction of highway right-of-way aquirement. Highway pruposes are being enlarged to include the noise abatement facilities or buffer zones, accommodation for other environmental concerns, and other highway-related elements. The basis of compensation is being altered to include additives of various kinds to enable property owners who are displaced to better obtain comparable, decent, safe and sanitary dwellings. Functional replacement values are now authorized for public accommodations taken or damaged for highway purposes. Advance acquisition of lands needed for highway purposes is now funded on a sophisticated basis, and thus may alter significantly the land acquisition process, if not the planning approach to highway improvement.

The project that is the subject of this report was part of the National Cooperative Highway Research Program conducted by the Transportation Research Board with the approval of the Governing Board of the National Research Council. This article appears in Selected Studies in Highway Law, Volumes One and Two.

p. 97-108

1976

Selected Studies in Highway Law

Tables (1)

Advertising; Case studies; Eminent domain; Employee compensation; Highways; Loss and damage; Noise; Policy; Property acquisition; Relocation assistance; Right of way (Land)

Compensation

Environment; Highways; Law; Policy

TRIS, TRB

Mar 30 1977 12:00AM

• DAMNUM ABSQUE INJURIA AND THE CONCEPT OF JUST COMPENSATION IN EMINENT DOMAIN
• OVERVIEW OF RULES OF COMPENSABILITY AND VALUATION EVIDENCE FOR HIGHWAY LAND ACQUISITION
• RULES OF DISCOVERY AND DISCLOSURE IN HIGHWAY CONDEMNATION PROCEEDINGS
• THE MEANING OF HIGHWAY PURPOSE
• TRIAL AIDS IN HIGHWAY CONDEMNATION CASES
• TRIAL STRATEGY AND TECHNIQUES TO EXCLUDE NONCOMPENSABLE DAMAGES AND IMPROPER VALUATION METHODS IN EMINENT DOMAIN
• TRIAL STRATEGY AND TECHNIQUES USING THE COMPARABLE SALES APPROACH TO VALUATION
• TRIAL STRATEGY AND TECHNIQUES USING THE COST LESS DEPRECIATION APPROACH TO VALUATION
• TRIAL STRATEGY AND TECHNIQUES USING THE INCOME APPROACH TO VALUATION
• VALUATION AND CONDEMNATION OF SPECIAL PURPOSE PROPERTIES
• WHERE DOES POLICE POWER END AND EMINENT DOMAIN BEGIN?