EMINENT DOMAIN: A LOOK AT CURRENT PROBLEMS AND FUTURE DEVELOPMENTS

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.

• Digital Copy:
  • Purchase a digital copy of this publication for $25 USD
• Supplemental Notes:
  • 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.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Levin, D R
• Publication Date: 1976

Media Info

• Features: Tables;
• Pagination: p. 97-108
• Serial:
  • Selected Studies in Highway Law
  • Volume: 1
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Advertising; Case studies; Eminent domain; Employee compensation; Highways; Loss and damage; Noise; Policy; Property acquisition; Relocation assistance; Right of way (Land)
• Uncontrolled Terms: Compensation
• Old TRIS Terms: Advance acquisition; Future policies
• Subject Areas: Environment; Highways; Law; Policy;

Filing Info

• Accession Number: 00148905
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Mar 30 1977 12:00AM