THE GALLANT CASE: A LOOK AT JUST COMPENSATION

THE CONCEPT OF JUST COMPENSATION IS RESPECT TO REAL AND PERSONAL PROPERTY IS REVIEWED. IN THE NEW JERSEY CASE OF STATE VS. GALLANT THE CONCEPT OF JUST COMPENSATION HAS BEEN EXPANDED TO BECOME A COMPREHENSIVE RATHER THAN DEFINITIONAL IDEA. PRIOR TO THIS CASE, FAIR MARKET VALUE OF REAL ESTATE TAKEN WAS CONSIDERED THE JUDICIALLY ACCEPTABLE COUNTERPART OF THE CONSTITUTIONAL MANDATE FOR JUST COMPENSATION. THE DECISION IN THE GALLANT CASE CONTENTS THAT FULL COMPENSATION DEMANDS THAT THE CONCEPTS OF FAIR MARKET BE USED AS THE STARTING POINT ONLY AND THAT ADDITIONS BE MADE FOR A VARIETY OF ITEMS PREVIOUSLY CONSIDERED NON-COMPENSABLE. FAIR MARKET VALUE MUST BE SUPPLEMENTED BY COST OF MOVING AND RELOCATION. THE GALLANT CASE WAS FOLLOWED BY A LATTER CASE (PORT OF NEW YORK AUTHORITY V.COPPER PIGMENT AND CHEMICAL WORK, INC.) IN WHICH THE COMPENSATION VALUE WAS ARRIVED BY A VALUATION OF THE BASIS OF REPRODUCTION COST. IT IS SUGGESTED THAT THE GALLANT DOCTRINE MAY PROVE TO HAVE IMPACT ON ANOTHER CONCEPT IN EMINENT DOMAIN, THE TAKING. IT IS SUGGESTED THAT A CROSSROAD HAS BEEN REACHED IN THE EVOLUTION OF EMINENT DOMAIN DOCTRINE.

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  • Supplemental Notes:
    • Paper presented at the 6th Annual Workshop on Highway Law, sponsored by the Highway Research Board and held at the University of Wisconsin, July 1967.
  • Authors:
    • McCormack, William J
  • Publication Date: 1968

Media Info

  • Media Type: Print
  • Pagination: pp 22-25
  • Monograph Title: Selected problems in eminent domain law
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00238631
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Feb 10 1994 12:00AM