LEGAL CRITERIA OF DAMAGES AND BENEFITS. THE MEASUREMENT OF TAKING-CAUSED DAMAGES TO UNTAKEN PROPERTY

ONE ASPECT OF EMINENT DOMAIN LAW IS EXAMINED, VIZ., THE LEGAL CRITERIA FOR MEASURING SEVERANCE (CONSEQUENTIAL) DAMAGES TO BE PAID WHEN PART OF A PROPERTY IS TAKEN. THE TREATMENT IS FOR THE MOST PART LIMITED TO PRECEDENTS IN LOUISIANA. THE TOPICS CONSIDERED ARE CONSTITUTIONAL AND STATUTORY PROVISIONS, ALLOWABLE TYPES OF SEVERANCE DAMAGES, INCIDENTAL OR SPECULATIVE DAMAGES, FORMULAS FOR VALUATION OF DAMAGES, (INCLUDING APPLICATION OF THE "BEFORE-AND-AFTER" FORMULAS, SPECIAL AND GENERAL BENEFITS RESULTING FROM THE TAKING THAT MAY BE USED TO OFFSET DAMAGE ESTIMATES, DETERMINATION OF THE DATE OF VALUATION, PIPELINE AND POWER-LINE TAKINGS, AND BURDEN OF PROOF. AFTER THE DISCUSSION OF PRECEDENTS, THE AUTHOR ARGUES FOR APPLICATION TO EMINENT DOMAIN LAW OF ADVANCES IN OTHER TYPES OF LAW AFFECTING AWARD OF DAMAGES FOR LOSS, SO AS TO OFFER GREATER PROTECTION TO THE CONDEMNEE.

  • Availability:
  • Supplemental Notes:
    • Vol 17, No 5, PP 14-24, REF
  • Authors:
    • TATE, A
  • Publication Date: 1970-10

Media Info

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

Subject/Index Terms

Filing Info

  • Accession Number: 00238828
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Dec 7 1970 12:00AM