REPORT OF COMMITTEE ON CONDEMNATION AND CONDEMNATION PROCEDURE OF THE SECTION OF LOCAL GOVERNMENT LAW OF THE AMERICAN BAR ASSOCIATION

A REVIEW WAS MADE OF APPELLATE COURT DECISIONS INVOLVING THE CONDEMNATION OF PROPERTY FOR PUBLIC PURPOSES FOUND IN THE NATIONAL REPORTER SYSTEM. THE CASES ILLUSTRATE THAT THE CONCEPT OF PUBLIC PURPOSE, THE NECESSARY PRECONDITION TO A VALID TAKING, CONTINUES TO BE EXPANDED BY THE COURTS AGAINST CLAIMS OF CONDEMNEES OF TAKING MORE LAND THAN IS NECESSARY. THE COURTS UPHELD AS SUFFICIENT PUBLIC USES THE TAKING OF LAND FOR A BUFFER ZONE AROUND A NAVAL AMMUNITION LOADING FACILITY, AND THE TAKING OF LAND TO MAKE A POLICE SUBSTATION VISIBLE FROM THE HIGHWAY EVEN THOUGH IN NEITHER CASE WAS THERE ANY CONTEMPLATED CONSTRUCTION. INCREASING LIBERALIZATION OF DISCOVERY RULES IS NOTED. A SUMMARY IS PRESENTED OF THE 1969 ANNUAL REPORT ON HIGHWAY RELOCATION ASSISTANCE. A DISCUSSION IS PROVIDED OF DAMAGES COVERABLE IN A PARTIAL TAKING. A PRETRIAL CONFERENCE CHECKLIST OF FACTORS AFFECTING VALUATION IS PRESENTED. THIS PROVIDES APPRAISERS, ATTORNEYS, AND OTHERS WITH A MEANS FOR ISOLATING THE AREAS OF DIVERGENCE INTENDED TO HELP WHERE THERE IS A WIDE DIVERGENCE OF OPINION OF VALUE IN AN APPRAISAL. THE NEED FOR STIPULATIONS OR LEGAL RULINGS ON THE COMPENSABILITY OF VARIOUS ITEMS OF DAMAGES ARE SHOWN. A BIBLIOGRAPHY IS PRESENTED OF SELECTED MATERIALS ON HIGHWAY LAW AND ADMINISTRATION. INEQUITIES AND INJUSTICES OF CONDEMNATION ACQUISITIONS ARE DISCUSSED. A REVIEW IS PRESENTED OF SOME IMPORTANT CHANGES AND CORRECTIONS RESULTING FROM LEGISLATIVE ACTS IN JUDICIAL FIAT, AND RULES DEALING WITH NONCOMPENSABLE INCIDENTAL LOSSES WHICH HAVE PARTIALLY BEEN RESHAPED ARE NOTED.

  • Supplemental Notes:
    • No 100, MemORANDUM 205, PP 1-2
  • Publication Date: 1969-9

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  • Accession Number: 00238747
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 12 1970 12:00AM