USE AND ENJOYMENT OF LAND - COMPENSATION FOR NOISE DAMAGE

NOISE EMANATING FROM THE USE OF FACILITIES OWNED BY THE GOVERNMENT OR QUASI-PUBLIC ENTITIES HAVING THE POWER OF EMINENT DOMAIN ARE PRESENTED. NOISE SOURCE IN NEARLY ALL CASES ARE FROM TRANSPORTATION FACILITIES. THE LAW OF EMINENT DOMAIN IS EMERGING AS A SIGNIFICANT TOOL IN OBTAINING REDRESS FOR INTANGIBLE INTERFERENCE WITH THE USE AND ENJOYMENT OF PRIVATE PROPERTY. THE EXPANSION OF CONCEPTS TO PERMIT RECOVERY IN INVERSE CONDEMNATION HAS BEEN ACCOMPLISHED LARGELY IN AVIATION CASES WHERE NOISE WAS THE PRINCIPAL ELEMENT OF DAMAGE. WHETHER THESE CONCEPTS OF TAKING AND PROPERTY CAN BE TRANSFERRED TO HIGHWAY CASES AND OTHER ELEMENTS OF DAMAGE REMAINS AN OPEN QUESTION. /AUTHOR/

• Corporate Authors:

  American Bar Association

  750 N. Lake Shore Drive
  Chicago, IL  United States  60611
• Authors:
  • Harrison, O C
• Publication Date: 1971-4

Media Info

• Pagination: p. 429-452
• Serial:
  • Natural Resources Lawyer
  • Volume: 4
  • Issue Number: 2
  • Publisher: American Bar Association

Subject/Index Terms

• TRT Terms: Aviation; Eminent domain; Environment; Facilities; Loss and damage; Noise; Private property; Property condemnation; Traffic noise; Transportation; Utilization
• Old TRIS Terms: Inverse condemnation
• Subject Areas: Environment; Safety and Human Factors; Terminals and Facilities; Transportation (General);

Filing Info

• Accession Number: 00223511
• Record Type: Publication
• Files: TRIS
• Created Date: Jul 12 1971 12:00AM