Theory and practice in inverse condemnation for five representative States
By: [by] Barbara G. Hering and Marilyn G. Ordover.
Contributors: Ordover, Marilyn G., joint author.; American Association of State Highway Officials.; United States. Bureau of Public Roads.
Series: National Cooperative Highway Research Program. Report ;; 72; NAS-NRC publication 1747.; Report (National Cooperative Highway Research Program) ;; 72.; Publication (National Research Council (U.S.)) ;; no. 1747.
Publisher: Highway Research Board, National Research Council
Published: 1969
Place of publication: [Washington]
Language: eng
Number of pages: 44
Subjects: Inverse condemnation -- United States -- States.; Right of way -- United States -- States.; Adjoining landowners -- United States -- States.; Compensation claims -- United States -- States.
Description: Claims are examined and analyzed of alleged takings or damage to private property for public purposes without payment of just compensation and without formal appropriation in the following states: California, Florida, New York, Pennsylvania, and Texas. The laws of these states are described and numerous cases cited on inverse condemnation from these states to relate the basis and extent of liability awarded by the courts. The report concentrates on inverse condemnation claims of injury to drainage, withdrawal of lateral support, and injury to land caused by highway construction operations. For each of the selected states, the following is presented: the status of the doctrine of sovereign immunity, the legal basis on which land owners alleging injuries may bring actions against the state for compensation, the procedural defenses to such claims, and the state's defenses under substantive law.
Notes: "NCHRP project 11-2 FY '65."
"Research sponsored by the American Association of State Highway Officials in cooperation with the Bureau of Public Roads."