EXACTION OF RIGHT-OF-WAY BY EXERCISE OF POLICE POWER

Exactions, or the compulsory dedication of private property for a public use without payment of compensation, strain at the boundaries and test the limits of the police power concept. They walk the thin dividing line between police power regulation and compensable taking of property. Cases relating to exactions can fairly be characterized as consisting of tests devised by the courts to deal with the basically unresolvable problem of where police power ends and eminent domain begins. Reflecting divergent views, the cases dealing with exactions are not characterized by predictable results arrived at by the application of uniformly accepted standards. However, certain rules and tests, whether clear in definition and precise in application or not, have emerged from the cases, and are the subject of this paper. The scope of this paper is directed to exactions for right-of-way rather than to exactions in general. Exactions for right-of-way are, however, part and parcel of the larger problem and cannot be understood, approached, or analyzed without reference to the overall question of the constitutionality of exactions in gerenal. Hence, this paper treats (in as summary a fashion as possibly consistent with clear understanding) cases dealing with a broad range of exactions, in addition to discussion of the cases dealing specifically with exactions for right-of-way.

• Digital Copy:
  • Purchase a digital copy of this publication for $25 USD
• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/isbn/030902434X
• Supplemental Notes:
  • Page range: 936-N227 through 936-N247.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Vance, J C
• Publication Date: 1988-6

Media Info

• Features: References;
• Pagination: 21 p.
• Serial:
  • Selected Studies in Highway Law
  • Volume: 2
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Constitutional law; Highway law; Laws; Legal documents; Legislation; Police powers; Property acquisition; Right of way (Land)
• Old TRIS Terms: Enabling legislation; Exactions; Statute cases
• Subject Areas: Highways; Law; Security and Emergencies; I10: Economics and Administration;

Filing Info

• Accession Number: 00488262
• Record Type: Publication
• ISBN: 0-309-02434-X
• Report/Paper Numbers: Addendum 4
• Files: TRIS, TRB
• Created Date: Sep 30 1989 12:00AM