ACQUISITION THROUGH ADMINISTRATIVE PROCEDURES

METHODS OF CONDEMNATION THROUGH ADMINISTRATIVE PROCEDURES FOR THE ACQUISITION OF RIGHT-OF-WAY ARE DISCUSSED. THE ADMINISTRATIVE METHOD MAY BE DESCRIBED AS A MEANS OF CONDEMNATION WHEREBY TITLE AND/OR THE RIGHT TO POSSESSION RESTS ON THE FILING OF CERTAIN DESIGNATED PAPERS WITH A LEGALLY CONSTITUTED CONDEMNATION AUTHORITY WHICH MAY BE AN ADMINISTRATIVE AGENCY OR A COURT ACTING IN AN ADMINISTRATIVE ROLE. DIFFERENCES BETWEEN THE ADMINISTRATIVE METHOD AND THE JUDICIAL METHOD OF CONDEMNATION ARE DISCUSSED. ONCE CONDEMNATION PROCEEDINGS ARE INSTITUTED THE LANDOWNER IS DEPRIVED OF MANY VALUABLE INCIDENTS OF OWNERSHIP DURING THE PENDENCY OF THE PROCEEDINGS. IT IS IMPERATIVE THAT THE CONDEMNOR HAVE THE RIGHT OF IMMEDIATE POSSESSION AT THE EARLIEST POSSIBLE MOMENT. THE ADMINISTRATIVE METHOD TAKES CARE OF THIS SITUATION AND THE MAJORITY OF STATES UTILIZING THE JUDICIAL METHOD HAS PROVISIONS THAT ALLOW THE CONDEMNOR TO TAKE POSSESSION AT SOME STAGE DURING THE PROCEEDINGS. THE STATES OF CONNECTICUT, MAINE, MASSACHUSETTS, NEW YORK, OHIO, PENNSYLVANIA, RHODE ISLAND AND WISCONSIN UTILIZE THE ADMINISTRATIVE METHOD IN ONE FORM OR ANOTHER. THE PROCEDURE FOLLOWED IN PENNSYLVANIA IS REVIEWED. THE ACQUISITION PROCEDURE IN PENNSYLVANIA IS COMMENCED BY THE PREPARATION OF A CONDEMNATION PLAN WHICH SHOWS THE RIGHT-OF-WAY LINE OF THE ENTIRE TAKING. THIS PLAN IS SIGNED BY THE GOVERNOR AND THE DATE OF THE TAKING OCCURS WHEN THE GOVERNOR SIGNS. THE PLAN IS THEN RECORDED IN THE COUNTY IN WHICH THE LAND IS LOCATED AND TITLE SEARCHES AND ORDER APPRAISALS ARE CONDUCTED. THE DISTRICT OFFICE SUBMITS THESE APPRAISALS TO THE CENTRAL OFFICE IN HARRISBURG WITH A RECOMMENDATION. THESE ARE REVIEWED BY A REVIEWING APPRAISER, AND HE IS THE ONE WHO DETERMINES THE DAMAGE FIGURE. DIFFERENT PROCEDURES ARE FOLLOWED BY THE TURNPIKE COMMISSION AND CORPORATIONS. AS A RESULT OF THESE DIFFERENT METHODS, THE JOINT STATE GOVERNMENT COMMISSION HAS BEEN DIRECTED BY THE LEGISLATURE TO MAKE A STUDY OF EMINENT DOMAIN LAW AND PROCEDURE AND RECOMMEND POSSIBLE REVISION TO ACHIEVE MORE UNIFORMITY.

  • Digital Copy:
  • Supplemental Notes:
    • pp 87-93
  • Corporate Authors:

    Highway Research Board (HRB)

    Washington, DC   
  • Authors:
    • Cunliffe, Robert W
  • Discussers:
    • Zoellner, George L
    • Buscher, Joseph D
    • Amey, John T
    • Netherton, Ross D
    • Price
    • Lehmann Jr, Carl H
    • Canada, Robert D
    • Doerner, Paul J
    • Carlson, Robert F
    • Thomson, J E
    • Robinson, Robert E
    • Allen, A Jackson
    • Donham, William H
  • Conference:
  • Publication Date: 1962

Media Info

  • Media Type: Print
  • Features: References;
  • Pagination: pp 87-93
  • Monograph Title: Selected problems relating to highway laws, 1962
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 00200374
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Sep 29 1994 12:00AM