VALUATION IN EMINENT DOMAIN AS AFFECTED BY ZONING

THE PROBLEM OF JUST COMPENSATION FOR RIGHT-OF-WAY ACQUISITION IS EXACERATED WHEN THERE IS A REQUIREMENT TO DEFINE MATERIAL OF EVIDENTIARY VALUE IN DETERMINING THE PROBABILITY OF REZONING. LEGAL QUESTIONS ARISING FROM SUCH STITUATIONS ARE DESCRIBED, AND RELEVANT CASES ARE REFERENCED, FOR THE PURPOSE OF ASSISTING STATE HIGHWAY OFFICIALS TO ADMINISTER RIGHT-OF-WAY PROGRAMS. IN SPITE OF THE VARIETY IN KINDS OF FACTS THAT MAY BEAR ON SUCH CASES, THERE IS NOTABLE UNANIMITY AMONG THE COURTS THAT JUST COMPENSATION CANNOT BE DETERMINED WITH CONSIDERATION OF ZONING; LEGAL QUESTIONS ON THIS ISSUE HAVE CAUSED THE COURTS LITTLE PRACTICAL DIFFICULTY. ACCORDINGLY, THE PRESENT REPORT SETS FORTH RECOGNIZED RULES WITH THE APPROPRIATE CITATIONS. THE TOPICS CONSIDERED ARE ADMINISBILITY AND SCOPE OF EXISTING ZONING REGULATIONS, COLLATERAL ATTACK ON ZONING ORDINANCES OR ENACTMENTS, ADMISSIBILITY AND EFFECT OF EVIDENCE AS TO A REASONABLE PROBABILITY OF REZONING, THE BURDEN OF PROOF AND SUFFICIENCY OF EVIDENCE, FATORS TO BE CONSIDERED IN DETERMINING THE FACT OF REASONABLE PROBABILITY OF REZONING (INCLUDING SUBSECTIONS ON SALES OF COMPARABLES, CHANGES IN NEIGHBORHOOD CHARACTER, PRIOR ZONING-AUTHORITY ACTIONS, REZONING PRIOR TO THE TAKING, AND MASTER PLANS), FRINGE PROPERTIES, THE EFFECT OF FOREKNOWLEDGE OF CONDEMNATION, AND THE ADMISSIBILITY OF EVIDENCE OF REASONABLE PROBABILITY OF REZONING WHERE THE PROBABILITY OF ZONING RECLASSIFICATION RESULTS FROM THE INFLUENCE OF THE HIGHWAY PROJECT FOR WHICH THE LAND IS TAKEN.

  • Record URL:
  • Supplemental Notes:
    • Nchrp PROJ 20-6, 89 REF. Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved.
  • Publication Date: 1970-12

Media Info

  • Media Type: Digital/other
  • Pagination: 19 p.
  • Serial:
  • Publication flags:

    Open Access (libre)

Subject/Index Terms

Filing Info

  • Accession Number: 00238853
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Apr 18 1971 12:00AM