ADDITIVES TO MARKET VALUE

THE COURTS ARE IN AGREEMENT THAT JUST COMPENSATION IS REQUIRED TO BE PAID TO A PROPERTY OWNER WHEN HIS PROPERTY IS TAKEN BY EMINENT DOMAIN. THE QUESTION ON WHICH THEY ARE NOT IN HARMONY IS: WHAT DOES THE TERM "JUST COMPENSATION" INCLUDE? HISTORICALLY, THE COURTS OF THE UNITED STATES HAVE EQUATED THE JUST COMPENSATION REQUIREMENT WITH THE TERM "MARKET VALUE." THE COURTS HAVE ALLOWED RECOVERY FOR THE MARKET VALUE OF THE PROPERTY BUT HAVE BEEN VERY RESTRICTIVE AS TO WHAT IS INCLUDED. THE GENERAL RULE IS THAT THE TAKING AUTHORITY NEED PAY ONLY FOR WHAT IT ACTUALLY TAKES AND DOES NOT HAVE TO PAY FOR CONSIDERATION PAYMENT OF SUCH ITEMS AS RELOCATION COSTS, BUSINESS LOSSES, ATTORNEY FEES, APPRAISER COSTS, AND THE ORDINARY COSTS OF THE EMINENT DOMAIN PROCEEDING. THIS REPORT EXAMINES SOME OUTSTANDING CASES CONCERNING ADDITIVES TO MARKET VALUE IN HIGHWAY CONDEMNATION CASES AND DELVES INTO LEGISLATION MATERIALLY AFFECTING THE LAW OF EMINENT DOMAIN AS IT RELATES TO JUST COMPENSATION. /AUTHOR/

  • Supplemental Notes:
    • PROJ NO 11-1(4)
  • Authors:
    • Schmidt, J W
  • Publication Date: 1972

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Filing Info

  • Accession Number: 00202276
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jan 3 1973 12:00AM