RECOGNITION OF BENEFITS TO REMAINDER PROPERTY IN HIGHWAY VALUATION CASES

RESEARCH WAS CONDUCTED TO PROVIDE INFORMATION ABOUT THE TRIAL ASPECTS OF BENEFITS IN HIGHWAY RIGHT-OF-WAY CONDEMNATION VALUATION TRIALS. THE CASES CITED ARE PRIMARILY DEALING WITH HIGHWAY RIGHT-OF-WAY ACQUISITIONS AND ARE CONFINED TO THOSE SITUATIONS WHERE THE HIGHWAY IMPROVEMENT IS TO BE PAID SOLELY FROM PUBLIC FUNDS AND NOT FROM SPECIAL ASSESSMENTS OR BETTERMENT TAXES IMPOSED UPON THE LAND BENEFITED BY THE IMPROVEMENT. THE BENEFITS ARE ANALYZED AS GENERAL AND SPECIAL. THE ACCEPTABLE EVIDENCE OF VALUE CONCEPTS ARE REVIEWED. THE CASE OF FARRELL V. STATE HIGHWAY BOARD IN VERMONT RULED THAT A LANDOWNER WHOSE PORTION OF LAND WAS BEING TAKEN SHOULD NOT BE PENALIZED WHEN THE PROPERTY OWNERS ACROSS THE STREET WHOSE LAND WAS NOT TAKEN, WOULD REAP THE FULL HARVEST OF BENEFITS. THE VERMONT SUPREME COURT ORDERED THE TRIAL COURT TO STRIKE THE $35,000 IN BENEFITS BECAUSE THEY WERE CONSIDERED GENERAL AND AWARD THE LANDOWNER $45,000 IN DAMAGES WITHOUT OFFSET. AFTER A VALUATION WITNESS HAS STATED HIS OPINION OF THE PARTICULAR HIGHEST AND BEST USE OF A PIECE OF PROPERTY, BUT IT IS NOT ZONED TO PERMIT THAT USE, TESTIMONY IS REQUIRED CONCERNING THE PROBABILITY OF REZONING. IN THE ZONING CASES, THE ISSUE OF HIGHEST AND BEST USE IS RECOGNIZED AS A MATTER OF OPINION TO BE SUBSTANTIATED BY WHATEVER KNOWLEDGE OR EXPERIENCE THE EXPERT HAS. THE COURT HELD IN PEOPLE V. HURD THAT SINCE REASONABLE PROOBABILITY OF REZONING MAY BE TAKEN INTO CONSIDERATION IN FIXING PRESENT MARKET VALUE OF THE PROPERTY TO BE TAKEN, IT MAY ALSO BE CONSIDERED IN DETERMINING THE MATTER OF SPECIAL BENEFITS. THE LIBERAL PRINCIPLES ESPOUSED IN THE PROBABILITY OF REZONING CASES ARE PARTICULARLY APPLICABLE WHEN ARGUING FOR THE INTRODUCTION OF EVIDENCE TO PROVE THE VALUE OF THE REMAINDER. INSTRUCTIONS ARE DISCUSSED AS ONE OF THE MOST IMPORTANT FACETS OF ANY SUCCESSFUL CONDEMNATION TRIAL. SEVERAL SUGGESTED INSTRUCTION FORMS ARE PRESENTED.

  • Availability:
  • Supplemental Notes:
    • 24 PP
  • Authors:
    • Montano, J M
  • Publication Date: 1970

Media Info

  • Serial:
    • NCHRP Report
    • Issue Number: 88
    • Publisher: Transportation Research Board
    • ISSN: 0077-5614

Subject/Index Terms

Filing Info

  • Accession Number: 00238795
  • Record Type: Publication
  • Files: TRIS, ATRI
  • Created Date: Aug 3 1970 12:00AM