VALUATION IN EMINENT DOMAIN AS AFFECTED BY RECOGNITION OF BENEFITS TO REMAINDER PROPERTY

The two general types of benefits (special and general) may be classified in three classes: those which affect the entire community, those which accrue to a definite neighborhood, and those which affect peculiarly a tract of land, part of which is taken for construction of the public improvement. Five rules for measuring compensation are listed, and items of special and general benefits are noted. Proof of benefits and evidentiary matters are outlined, and the generally accepted approaches to value as used in valuing remainders is discussed as a guide to the preparation and presentation of valuation evidence. It is noted that if the attorney for the condemnor finds upon cursory analysis of the benefits law a number of obstacles in his path, the possibility of alternative routes should be explored. Directions in plotting the correct course can often be found in the decisions which seem to present the greatest obstacles. It is also noted that the liberal principles espoused in the probability of rezoning cases are particularly applicable when arguing for the introduction of evidence to prove the value of the remainder. Some of the rules of law which should be used and followed when preparing benefit instructions (one of the most important facets of the condemnation trial) are pointed out, and some specific instructions are discussed. Other applications of benefits findings discussed here include: loss of access as related to issue of benefits; cost of construction of portion of public improvement; evidence of benefits; joint-venture between two government agencies; benefits to other tracts or parcels; and benefits derived from previous or subsequent improvements.

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• Supplemental Notes:
  • A supplement to this paper by J.M. Montano was published in Addendum 1, June 1979, pp 708-S1 through 708-S6.
• Corporate Authors:

  Transportation Research Board

  500 Fifth Street, NW
  Washington, DC  United States  20001
• Authors:
  • Montano, J M
• Publication Date: 1976

Language

• English

Media Info

• Pagination: p. 661-707
• Serial:
  • Selected Studies in Highway Law
  • Volume: 2
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Benefits; Case studies; Courts; Eminent domain; Employee compensation; Evidence; Laws; Present value; Zoning
• Uncontrolled Terms: Compensation; Remainders (Property law); Values
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00148916
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Aug 28 1998 12:00AM