COMPENSATION FOR EXPROPRIATION IN URBAN REDEVELOPMENT SITUATIONS

Authors

  • RAYMOND D SCHACHTER

Abstract

This article considers the effect of new expropriation legislation, which attempts to repeal the principle of compensation based on value to the owner. It reviews the perceived windfall benefit created by the prior state of the law and its manifestation in the case law. It examines the legislative replacement of market value with the highest and best use method of calculation and judicial interpretation of that method. The author feels the law of compensation now lacks consistency and definition, and attempts to outline the rules and factors which will warrant judicial consideration in the future.

Keywords:

Expropriation

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Published

1977-12-01

Issue

Section

Legal Commentary