LAND USE REGULATIONS -- JUST COMPENSATION: THE DIMUNITION OF VALUE THEORY?

The diminution of value theory, as used in resolving the question of a taking, consequently just compensation, is discussed here in view of other legal concepts and in terms of its application to land use regulations inspired by an environmentally sensitive public. Although land use regulations expressly legislated to protect the health, safety and welfare of society may continue to diminish the economic value of property, should society (the public) compensate the owners for the monetary losses? The author comes to a harsh conclusion. The answer is, yes. Property value, like the stock market, goes up without interruption for many years but when it takes a downward turn that does not mean it is unfair or illegal.

  • Availability:
  • Corporate Authors:

    American Right of Way Association

    3727 West 6th Street, Suite 504
    Los Angeles, CA  United States  90020
  • Authors:
    • Fleming, D M
  • Publication Date: 1975-4

Media Info

  • Pagination: p. 16-21
  • Serial:
    • Right of Way
    • Volume: 22
    • Issue Number: 2
    • Publisher: International Right of Way Association
    • ISSN: 0035-5275

Subject/Index Terms

Filing Info

  • Accession Number: 00095520
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jun 10 1975 12:00AM