THE EFFECT OF ZONING ON VALUATION IN EMINENT DOMAIN

APPRAISERS, RIGHT-OF-WAY PERSONNEL AND ATTORNEYS MUST UNDERSTAND THE LEGAL EFFECT OF ZONING IN EMINENT DOMAIN IN ORDER PROPERLY TO EVALUATE, INVESTIGATE, NEGOTIATE OR LITIGATE CONDEMNATION-ZONING CASES. IT IS PARTICULARLY IMPORTANT THAT THEY DISCOVER AND EVALUATE THE KIND OF EVIDENCE WHICH WILL BE ACCEPTED BY THE COURTS IF THE CASE IS TRIED. THE ILLINOIS DECISIONS ARE REVIEWED BECAUSE THEY ARE TYPICAL OF THE DECISIONS OF THE MANY JURISDICTIONS WHICH HAVE NOT YET PASSED UPON THE MAJOR CONDEMNATION-ZONING QUESTIONS, SUCH AS REASONABLE PROBABILITY OF REZONING, ZONING FOR THE BENEFIT OF THE CONDEMNOR, AND COLLATERAL ATTACK UPON ZONING ORDINANCES. THEY ARE INDICATIVE OF A GENERAL TREND TO PERMIT THE COURT OR JURY TO CONSIDER EVIDENCE WHICH HAS AN INFLUENCE UPON MARKET VALUE. THE DECISIONS IN ALL UNITED STATES JURISDICTIONS WHICH HAVE CONTRIBUTED IN A SIGNIFICANT MANNER IN DECIDING THESE QUESTIONS ARE ALSO REVIEWED. /AUTHOR/

Media Info

  • Media Type: Print
  • Features: Figures;
  • Pagination: pp 76-100
  • Monograph Title: Frontiers of research in highway law 1963-1964
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238277
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Dec 12 1994 12:00AM