IMPROVING PROOF OF VALUE IN RIGHT-OF-WAY CONDEMNATION

STUDIES OF SEVERANCE DAMAGE FOLLOWING RIGHT-OF-WAY TAKINGS HAVE BEEN UNDERTAKEN IN ALMOST EVERY STATE, AND DATA IS BEING COMPILED WHICH EVENTUALLY MAY COMPEL A CHANGE IN THE COMMON ASSUMPTION THAT IRREPARABLE INJURY TO REMAINDERS IS THE NORMAL RESULT WHEN LAND IS TAKEN FOR HIGHWAY PURPOSES. AMONG THE CASES INVOLVING THE RULES OF COMPENSABILITY BY FAR THE GREATEST NUMBER AROSE OUT OF ALLEGED INTERFERENCE WITH ACCESS. NEXT CAME CONTROVERSIES OVER INTEREST ON THE AWARD AND RESPONSIBILITY FOR COURT COSTS. RULES OF PROCEDURE AND PRACTICE ARE DISCUSSED INDICATING THAT IN SOME STATES THERE APPEARS TO BE A NEED TO DEFINE MORE FULLY THE RELATIONSHIP BETWEEN ADMINISTRATIVE PROCEDURES FOR VALUATION OF LAND AND JUDICIAL PROCEDURES. IMPROVEMENT IS DISCUSSED OF THE RULES OF COMPENSABILITY, THE FACT-FINDING AGENCIES OF VALUATION, AND THE RULES OF VALUATION. SUGGESTIONS DISCUSSED INCLUDE THE REVISION OF RULES OF EVIDENCE, THE STANDARDS OF NATIONAL PROFESSIONAL APPRAISAL SOCIETIES WILL BE USED AS MINIMUM QUALIFICATIONS FOR EXPERT VALUATION WITNESSES, EXPANSION OF TRAINING PROGRAMS FOR HIGHWAY DEPARTMENT STAFF AND FEE APPRAISERS, AND THE USE OF CERTAIN LANDMARK CASES AND STATUTES AS PRECEDENTS IN THE DEVELOPMENT OF NEW LAW IN THE STATES WHERE RULES ARE STILL IN A FORMATIVE STAGE. THESE SUGGESTIONS OFFER NEW DIMENSIONS IN WHICH TO SEEK THE LEGISLATION AND TECHNIQUES THAT ULTIMATELY WILL BE DEVELOPED TO IMPROVE THE PROOF OF VALUE IN HIGHWAY CONDEMNATION.

  • Availability:
  • Supplemental Notes:
    • Vol 11, No 5, PP 17-22, 1 PHOT
  • Authors:
    • Netherton, R D
  • Publication Date: 1964-10

Media Info

  • Serial:
    • Right of Way
    • Publisher: International Right of Way Association
    • ISSN: 0035-5275

Subject/Index Terms

Filing Info

  • Accession Number: 00238412
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 16 1994 12:00AM