A SURVEY AND CRITIQUE OF HIGHWAY CONDEMNATION LAW AND LITIGATION IN THE UNITED STATES

THE WRITTEN LAW OF CONDEMNATION THROUGHOUT THE UNITED STATES WAS REVIEWED TO ATTEMPT TO PINPOINT THE PRINCIPAL CAUSES OF LITIGATION. A GENERAL VIEW OF THE CURRENT STATUS OF CONDEMNATION LAW IS PROVIDED WITH IDENTIFICATION OF THE ISSUES THAT HAVE ARISEN, THE FREQUENCY WITH WHICH THEY HAVE PROMPTED ATTENTION BEING FOCUSED ON THE ISSUES. TABLES ARE PRESENTED SHOWING DISTRIBUTION OF HIGHWAY AND NONHIGHWAY CONDEMNATION CASES, CLASSIFICATION OF TYPES OF PROCEEDINGS INVOLVED, ISSUES RAISED AND RECORD OF SUCCESS OF PARTIES ON APPEAL. APPROXIMATELY 1,900 HIGHWAY TAKING CASES WERE COVERED IN THE STUDY, WITH 12.5 PERCENT OF THE CASES APPEALED. THE SIGNIFICANCE OF THESE ISSUES ON APPEAL ARE DISCUSSED. THE STATUTORY AUTHORITY OF THE POWER TO CONDEMN PROPERTY FOR HIGHWAY PURPOSES IS DISCUSSED AND EXAMPLES FURNISHED TO INDICATE THE RANGE OF POINTS WITH WHICH SUCH STATUTES DEAL AMONG DIFFERENT STATES. THE SUBJECT OF COMPENSATION IS TREATED RATHER EXTENSIVELY UNDER THREE MAJOR CATEGORIES OF SUBJECT MATTER INVOLVING SPECIFIC RIGHTS OR INTERESTS, RELATING TO PROCEDURE OR PRACTICE WITH A REVIEW OF THE CONSTITUTIONAL PROVISIONS DEALING WITH THE SUBJECT OF EMINENT DOMAIN. THE STUDY PRESENTS A PROTOTYPE FOR CONDEMNATION PROCEDURE LEGISLATION PATTERNED AFTER MODEL LAWS.

  • Supplemental Notes:
    • Cpr, Cpr 11-8002
  • Corporate Authors:

    University of Wisconsin, Madison

    Law School
    Madison, WI  USA  53718
  • Authors:
    • Helstad, O L
  • Publication Date: 1966-5

Subject/Index Terms

Filing Info

  • Accession Number: 00238314
  • Record Type: Publication
  • Source Agency: Bureau of Public Roads /US
  • Files: TRIS
  • Created Date: Dec 6 1994 12:00AM