THE PROBLEM OF RESTRICTIVE EASEMENTS

THE VALUATION OF PRIVATE PROPERTY AFFECTED BY IMPOSITION OF A RESTRICTIVE EASEMENT WITHOUT AN ACTUAL PHYSICAL TAKING IS DISCUSSED. THE TERM EASEMENT IS DEFINED AND A RESTATEMENT IS MADE AS TO WHAT CONSTITUTES PROPERTY RIGHTS. ALMOST ALL JURISDICTIONS HOLD THAT THE BEFORE AND AFTER RULE PROVIDES THE BEST MEASURE OF VALUE. HOWEVER, IN MANY CASES, THE RULE, IN THEORY, DOES NOT COMPENSATE FOR THE MARKET VALUE OF WHAT HAS BEEN TAKEN. THIS IS DUE TO ITS COMTEMPLATION OF THE LOSS TO THE OWNER CONCEPT OF VALUE AS OPPOSED TO THE CONCEPT VALUE TO THE TAKER. THE TECHNIQUES USED IN AN ACTUAL APPRAISAL OF RURAL PROPERTIES, IN WHICH A RESTRICTIVE EASEMENT WAS TO BE IMPOSED ARE PRESENTED.

  • Availability:
  • Supplemental Notes:
    • Vol 15, No 6, PP 18-25, 1 PHOT
  • Authors:
    • WEBB, W E
  • Publication Date: 1968-12

Media Info

  • Serial:
    • Right of Way
    • Publisher: International Right of Way Association
    • ISSN: 0035-5275

Subject/Index Terms

Filing Info

  • Accession Number: 00238652
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Mar 24 1994 12:00AM