DEVELOPING LAW OF DE FACTO OR INVERSE CONDEMNATION

THE SUPREME SOURT OF MISSOURI AND THE COMMONWEALTH COURT OF PENNSYLVANIA HAVE RECENTLY DECIDED THREE CASES DETERMINING WHETHER, WITHOUT FORMAL CONDEMNATION PROCEEDINGS, THE ACTS AND ACTIVITY OF A GOVERNMENT CONSTITUTED, IN EFFECT, A CONDEMNATION REQUIRING THE PAYMENT OF JUST COMPENSATION. THE COMMONWEALTH COURT OF PENNSYLVANIA IN COMMONWEALTH'S CROSSTOWN EXPRESSWAY APPEAL, 3 COMM. CT. 1 (1971) RENDERED A DECISION WHICH REPRESENTS THE FURTHEST A COURT APPARENTLY HAS YET GONE IN HOLDING THAT THE COMPLAINED GOVERNMENTAL ACTS MAY HAVE CONSTITUTED A TAKING. IT APPEARS THAT THE PROPERTY OWNER WILL BE PERMITTED TO PROVE THAT THERE HAS BEEN A DIMINUTION IN THE VALUE OF HIS PROPERTY, FOR WHICH HE SHOULD BE COMPENSATED, AND AT THE SAME TIME, REMAIN IN LEGAL TITLE TO THE PREMISES. /AUTHOR/

  • Supplemental Notes:
    • Vol 38, No 1, PP 48-50
  • Corporate Authors:

    Real Estate Appraiser

    ,    
  • Authors:
    • Snitzer, E L
  • Publication Date: 1972-2

Subject/Index Terms

Filing Info

  • Accession Number: 00238903
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Mar 20 1972 12:00AM