SUPPLEMENTAL CONDEMNATION: A DISCUSSION OF THE PRINCIPLES OF EXCESS AND SUBSTITUTE CONDEMNATION

Excess condemnation or marginal land acquisition is defined and cases related to the question of excess taking are discussed. It is noted that in many cases a true excess taking has been factually involved, but the courts have refused to pass directly on the question of the legality of the excess taking, electing instead to turn the case on necessity which is usually a matter for legislative determination. The justification (according to recognized literature) for the acquisition of excess or marginal land is set forth, and cases illustrative of the early attitude of the courts are outlined. Cases are also presented which are illustrative of a municipal excess acquisition and subsequent resale, and a typical statutory provision authorizing excess or marginal acquisition. A number of highway cases that merit special attention are also discussed. The subject of substitute condemnation is examined and six landmark cases which form the basis of the substantive law on this subject are reviewed.

• Digital Copy:
  • Purchase a digital copy of this publication for $25 USD
• Supplemental Notes:
  • A supplement to this paper by J.C. Vance was published in Addendum 2, December 1980, pp 796-S1 through 796-S4.
• Corporate Authors:

  Transportation Research Board

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

Language

• English

Media Info

• Pagination: p. 767-795
• Serial:
  • Selected Studies in Highway Law
  • Volume: 2
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Case studies; Courts; Laws; Property acquisition; Property condemnation
• Old TRIS Terms: Condemnation; Excess condemnation
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00148919
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Aug 28 1998 12:00AM