RECENT TRENDS IN HIGHWAY CONDEMNATION LAW

A REVIEW IS PRESENTED OF LEGISLATION AND LITIGATION PERTAINING TO HIGHWAY CONDEMNATION IN WISCONSIN FROM 1946- 1961. THE FOCUS OF THE PAPER IS ON LEGISLATIVE LAW AND THE INTERRELATIONSHIP OF THE LEGISLATIVE AND JUDICIAL PROCESSES IN THE DEVELOPMENT OF CONDEMNATION LAW. THE DISCUSSION OF TRENDS IS DIVIDED AMONG THREE MAJOR AREAS OF CONDEMNATION LAW' A/ THE RIGHT OF THE CONDEMNOR TO CONDEMN, B/ THE RIGHT OF THE OWNER TO RECEIVE JUST COMPENSATION, AND C/ CONDEMNATION PROCEDURE. TWO GENERAL TRENDS APPEAR TO EMERGE' A/ THE TENDENCY APPEARS TO LOOK WITH FAVOR UPON THE RIGHT OF THE CONDEMNOR TO CONDEMN AND TO ACQUIRE QUICK POSSESSION OF THE PROPERTY SO THAT CONSTRUCTION OF THE IMPROVEMENT PROJECT MAY PROCEED WITHOUT DELAY, AND B/ THERE IS A GRADUAL TREND TOWARD EXPANDING THE SCOPE OF THE LANDOWNERS RIGHT TO RECEIVE COMPENSATION. THE BULK OF THE CHANGES WHICH RECENTLY HAS TAKEN PLACE IN HIGHWAY CONDEMNATION LAW HAS BEEN BROUGHT ABOUT BY LEGISLATIVE ACTION.

Media Info

  • Media Type: Print
  • Pagination: pp 15-25
  • Monograph Title: Land acquisition 1963
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238283
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Apr 1 1994 12:00AM