THE LEGAL ANGLE

SEVERAL COURT CASES HAVE QUESTIONED WHETHER AN INTERCHANGE PROVIDES SPECIAL BENEFITS TO NEARBY LANDS. THE MINNESOTA SUPREME COURT SAID NOT NECESSARILY IN THE MICHELSON CASE WHICH INVOLVED THE CONSTRUCTION TO TWO NEW HIGHWAYS AND AN INTERCHANGE BETWEEN THEM. IN THE IRVING CASE, THE UNITED STATES SECOND CIRCUIT COURT OF APPEALS RULED IT IMPROPER FOR THE TRIAL COURT, IN VALUING A LEASEHOLD, TO VIEW THE SITUATION AS IT EXISTED ON THE DATE OF TAKING, AT WHICH TIME IT WAS NOT KNOWN WHETHER RENEWAL OPTIONS WOULD BE EXERCISED. THE RHODE ISLAND SUPREME COURT HELD THAT, ON THE DATE OF TAKING, IF THE PROPERTY OWNER DID NOT HAVE ACCESS AND THE REMAINDER WAS LANDLOCKED, HE HAD A RIGHT TO RECOVER DAMAGES. COURT CASES ARE DISCUSSED WHICH INVOLVE QUESTIONS PERTAINING TO AN IMPAIRMENT OF ACCESS WHERE THERE WAS NO PHYSICAL TAKING OF THE PROPERTY CONCERNED. THE WISCONSIN SUPREME COURT HELD THERE WAS NO COMPENSABLE TAKING UNLESS THERE WAS A DEPRIVATION OF ALL BENEFICIAL USE OF PROPERTY. THE TEXAS COURTS BELIEVE THAT A COMPENSABLE DIMINUTION IN PROPERTY VALUE RESULTED FROM A LOSS OF REASONABLE ACCESS. THESE CASES INDICATE THAT: (1) COURTS MAY BE GREATLY INFLUENCED BY THE DEGREE OF DAMAGE, AND (2) WHERE SUBSTANTIAL DAMAGE CAN BE ESTABLISHED, COMPENSATION MAY BE ALLOWED. IN PARTIAL TAKING CASES, MANY COURTS HAVE HELD THAT ANY ENHANCEMENT IN VALUE TO THE REMAINDER CAUSED BY THE PROJECT MAY BE RETAINED BY THE PROPERTY OWNER IF THE ENHANCEMENT APPLIES TO ALL PROPERTY OWNERS IN THE AREA. HOWEVER, THE PARTIAL TAKING CONCEPT IS DIFFICULT TO RECONCILE WITH THE RULE INVOLVING ENHANCEMENT IN VALUE CAUSED BY PROPOSED IMPROVEMENTS. THE DIFFICULTY OF DETERMINING THE FAIR MARKET VALUE OF A PROPERTY IS INDICATED IN THE INTERESTING PROVIDENCE REDEVELOPMENT AGENCY CASE.

  • Supplemental Notes:
    • Vol 38, No 2, PP 301-308
  • Authors:
    • Kaltenbach, H J
  • Publication Date: 1970-4

Media Info

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Filing Info

  • Accession Number: 00238768
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jul 21 1970 12:00AM