PLANNING AND PRECONDEMNATION ACTIVITIES AS CONSTITUTING A TAKING UNDER INVERSE LAW
The planning and preparation for the construction of new highways is a lengthy process involving a host of preliminary long-term studies, and the subsequent adherence to a schedule of events, the majority of which are mandated by law, that must be complied with in sequential order over a considerable period of time before title to land for right-of-way is acquired in an eminent domain action. This chain of events, commonly known as "planning and precondemnation activities," has an inevitable impact on property values. Lands lying in the corridor route may undergo appreciation in value as a result of the project, or suffer a decline in value by reason thereof. This paper is concerned with the latter, and considers the question of what remedy, if any, the property owner has to recover for damage to property prior to the time suit is instituted and land actually proceeded against and taken in condemnation.
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- Page range: 884-N75 through 884-N97.
Washington, DC United States 20001
- Vance, J C
- Publication Date: 1988-6
- Features: Appendices;
- Pagination: 23 p.
- Selected Studies in Highway Law
- Volume: 2
- Publisher: Transportation Research Board
- TRT Terms: Depreciation; Eminent domain; Highway law; Highway planning; Impacts; Loss and damage; Property acquisition; Property values; Right of way (Land); Time
- Old TRIS Terms: Just compensation; Precondemnation activities; Time factor
- Subject Areas: Finance; Highways; Law; I10: Economics and Administration;
- Accession Number: 00488257
- Record Type: Publication
- ISBN: 0-309-02434-X
- Report/Paper Numbers: Addendum 4
- Files: TRIS, TRB
- Created Date: Sep 30 1989 12:00AM