POLICE POWER VERSUS EMINENT DOMAIN
THE DIFFERENCE IS DISCUSSED OF RIGHT OF WAY ACQUISITION BY MEANS OF THE POWER OF EMINENT DOMAIN VERSUS POLICE POWER. UNDER THE POWER OF EMINENT DOMAIN, PHYSICAL POSSESSION AND THE USE OF PROPERTY IS TAKEN FROM AN OWNER AND TRANSFERRED TO THE PUBLIC OR A PUBLIC AGENCY. COMPENSATION OF THE OWNER IS REQUIRED. UNDER THE POLICE POWER, THE PRIVATE USE OF PROPERTY BY ITS OWNER IS REGULATED OR RESTRICTED BY THE GOVERNMENT FOR THE PUBLIC BENEFIT. NO COMPENSATION IS REQUIRED. ZONING CASES CITED INDICATE THAT A MERE AESTHETIC PURPOSE WILL NOT SUPPORT A LIMITATION UPON THE USE OF PRIVATE PROPERTY, BUT THE PRESENCE OF AN AESTHETIC PURPOSE WILL NOT INVALIDATE AN ENACTMENT WHICH IS OTHERWISE RELATED TO THE HEALTH, SAFETY, MORALS, OR WELFARE OF THE COMMUNITY. THE RIGHT TO REGULATE BILLBOARDS AND TO REQUIRE JUNK YARDS TO BE HIDDEN FROM PUBLIC VIEW HAVE BEEN UPHELD ON THE BASIS OF AESTHETICS. CASES ARE CITED WHICH SHOW THE DIFFICULTY IN THE DISTINCTION BETWEEN REAL PROPERTY AND PERSONAL PROPERTY IN REGARD TO FIXTURES. THE CASES CITED ARE ALL UNDER THE BOW OF OHIO AND THE RESULTS SHOW THAT THE PROPERTY OWNER IS NOT GOING TO BE REQUIRED TO SUFFER A LOSS BECAUSE OF THE APPROPRIATING ACTIVITIES IN HIS NEIGHBORHOOD.
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/oclc/1764345
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Supplemental Notes:
- Vol 17, No 1, PP 36-39
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Authors:
- Brown, P W
- Publication Date: 1970-2
Media Info
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Serial:
- Right of Way
- Publisher: International Right of Way Association
- ISSN: 0035-5275
Subject/Index Terms
- TRT Terms: Aesthetics; Case studies; Eminent domain; Employee compensation; Junkyards; Machinery; Police powers; Property acquisition; Real property; Regulations; Right of way (Land); Roadside advertising; Zoning
- Uncontrolled Terms: Compensation
- Old TRIS Terms: Fixtures
- Subject Areas: Highways; Law; Security and Emergencies;
Filing Info
- Accession Number: 00238764
- Record Type: Publication
- Files: TRIS
- Created Date: May 4 1970 12:00AM