Property and Just Compensation

Abstract

Implementation of the federal plan for an interstate system of controlled access highways has greatly increased the impact of the eminent domain power on landowners. With the increased frequency of condemnation proceedings there must be increased concern with the fairness of the proceedings, both to landowners and the condemning authorities. It has been commonly suspected that diversity among the states of legal standards and rules of compensability and valuation has caused confusion, inefficiency, hardship, and expense in the process of public acquisition of land. This study undertakes to indicate the extent of diversity among the states in the resolution of compensability issues currently litigated, to describe the reasons courts give for their decisions, and to recommend some legislative changes in the law of compensability.

Keywords

Compensation (Law), Zoning, Taking

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Authors

G. Graham Waite (Catholic University of America)

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