PROBLEMS OF CONDEMNING PUBLICLY OWNED LANDS

THE GENERAL RULE FOR THE TAKING OF PUBLICLY OWNED LANDS FOR HIGHWAY PURPOSES IS BASED UPON THE THEORY THAT PUBLICLY OWNED LAND IS NOT SUBJECT TO CONDEMNATION IN THE ABSENCE OF A STATUTE AUTHORIZING THE CONDEMNATION. THE VOLUME OF LAW ON THIS POINT IS REVIEWED. CASES ARE CITED ON THE PROBLEM OF APPRAISALA FOR SPECIAL USE PROPERTIES, SUCH AS PARKS, CEMETERIES, SCHOOLS, ETC. THE PROBLEM OF ACQUIRING TITLE TO INDIAN LAND MUST BE ACCOMPLISED BY' /1/ CONDEMNATION PROCEEDINGS, /2/ NEGOTIATION WITH THE SECRETARY OF THE INTERIOR, AND /3/ COOPERATION BETWEEN VARIOUS HEADS OF THE EXECUTIVE DEPARTMENT AS PROVIDED IN SECTION 109-D, /23 U.S. C.A., INDIANS, 107-D/. NEW MEXICO HAS A SECTION IN ITS ENABLING ACT GIVING THE STATE CERTAIN LANDS TO BE HELD IN TRUST FOR VARIOUS STATE INSTITUTIONS AND AGENCIES. THE PROBLEM OF OBTAINING EASEMENTS FOR HIGHWAY RIGHTS OF WAY UNDER THIS ACT ARE REVIEWED.

  • Corporate Authors:

    Highway Research Board

    /Highway Law Workshop
    ,   USA 
  • Authors:
    • Kelsey, H
  • Publication Date: 1964-4-13

Subject/Index Terms

Filing Info

  • Accession Number: 00200819
  • Record Type: Publication
  • Report/Paper Numbers: pp 1-28
  • Files: TRIS, TRB
  • Created Date: Aug 30 1994 12:00AM