DAMNUM ABSQUE INJURIA AND THE CONCEPT OF JUST COMPENSATION IN EMINENT DOMAIN

This review of the way courts and legislatures have treated claims for consequential damages in eminent domain illustrates the process by which American constitutional doctrine evolves in response to changing needs. Comments are made on injuries related to the physical condition of the land or economic costs, and American legal doctrine regarding just compensation in eminent domain is discussed. The nature of private property is examined as well as tests of taking in eminent domain. Operative terms in state constitutional provisions relating to duty to pay compensation in eminent domain are compared in a table. The concept of public use is discussed, and judicial construction and federal legislation (monetary compensation, compensation in kind, relation assistance) relating to compensation is examined. Statute and case laws are combined in a summary of the rules applicable to specific categories of consequential injury. Cases are discussed which relate to the impairment of access, interference with light, air, and view, interference with lateral support of land, physical interference with land and water resources, environmental damage due to traffic operations, interference with business activity, and costs of moving.

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• Supplemental Notes:
  • A supplement to this paper by J.C. Vance was published in Addendum 2, December 1980, pp 74-S1 through 74-S7.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Netherton, R D
• Publication Date: 1976

Language

• English

Media Info

• Features: Tables;
• Pagination: p. 25-74
• Serial:
  • Selected Studies in Highway Law
  • Volume: 1
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Access; Businesses; Case studies; Courts; Economic conditions; Eminent domain; Employee compensation; Environmental impacts; Highway operations; Laws; Public land; Relocation (Facilities); Traffic
• Uncontrolled Terms: Compensation; Relocation
• Subject Areas: Economics; Environment; Highways; Law; Operations and Traffic Management;

Filing Info

• Accession Number: 00148903
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Aug 28 1998 12:00AM