RECOVERY FOR CONDEMNATION BLIGHT UNDER INVERSE LAW

This report addresses the issue of compensation to property owners for condemnation blight (i.e., the threat of imminent condemnation causing property values to be seriously depressed while the owner must still bear the burden of maintenance costs, mortgage and insurance payments and taxes). Several state court cases dealing with this issue over the last decade are discussed. No consistent precedent seems to have emerged, as some courts have denied damage claims on the basis of a narrow interpretation of the grounds of recovery, while others have granted compensation by virtue of a broader interpretation. However, because the injury of condemnation is so severe, it is suggested that the law will move in the direction of the broader interpretations of the grounds of recovery.

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• Supplemental Notes:
  • Page range: pp 884-N33 through 884-N50. This paper was also published as NCHRP Research Results Digest No. 119, March 1980, 11 pages.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Vance, J C
• Publication Date: 1980-12

Language

• English

Media Info

• Pagination: 18 p.
• Serial:
  • Selected Studies in Highway Law
  • Volume: 2
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Courts; Employee compensation; Landowners; Legal factors; Litigation; Loss and damage; Property condemnation; Property values; States
• Uncontrolled Terms: Compensation; Recovery
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00311291
• Record Type: Publication
• Report/Paper Numbers: Addendum 2
• Files: TRIS, TRB
• Created Date: Aug 31 1998 12:00AM