VALUATION IN EMINENT DOMAIN AS AFFECTED BY ZONING

The admissibility into evidence of existing zoning regulations, the collateral attack on zoning ordinances or enactments, and the admissibility and effect of evidence as to reasonable probability of rezoning are discussed as well as the burden of proof with reference to the sufficiency of evidence. The factors to be considered in determining the fact of reasonable probability of rezoning are reviewed, and comments are made on fringe properties and the effect of foreknowledge of condemnation. The admissibility of evidence of reasonable probability of rezoning where probability of reclassification results from the influence of the highway for which the land is taken is also covered. The paper points out that law relating to the effect of zoning on valuation in eminent domain is still in the development state, and that there are significant questions which have yet to receive broad scale consideration in the courts. However, it is shown, the body of case law evolved to date reflects a satisfactory harmony of approach and result. The rules enunciated by the courts as disclosed by the cases reviewed here are listed. These relate to provisions of existing zoning ordinances and the fair market value of the property taken; admission of evidence relating to a change in zoning classification; the limitation on valuation predicted on rezoning; burden of proof of probability of rezoning; factors of evidentiary value in the probability of rezoning; properties in the buffer zone; knowledge of the imminence of condemnation; and the inadmissibility of the evidence of the probability of rezoning.

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• Supplemental Notes:
  • A supplement to this paper by J.C. Vance was published in Addendum 1, June 1979, pp 732-S1 through 732-S3.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Vance, J C
• Publication Date: 1976

Language

• English

Media Info

• Features: Appendices; References;
• Pagination: p. 709-732
• Serial:
  • Selected Studies in Highway Law
  • Volume: 2
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Case studies; Courts; Eminent domain; Evidence; Laws; Market value; Present value; Property condemnation; Regulations; Zoning
• Uncontrolled Terms: Values
• Old TRIS Terms: Condemnation
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00148917
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Aug 28 1998 12:00AM