EMINENT DOMAIN V ZONING FOR SCENIC CORRIDORS

THE QUESTION OF EMINENT DOMAIN VERSUS ZONING FOR THE PRESERVATION OF A SCENIC CORRIDOR WAS REVIEWED. FOR THE PURPOSES OF DISCUSSION, A SCENIC CORRIDOR WAS DEFINED AS A VISTA WHOSE SCALE AND CHARACTER IS DEPENDENT UPON THE TYPE OF TYPOGRAPHY, PLANTING, AND DEGREE OF URBANIZATION. IN PUTTING RESTRICTIONS ON THE PROPERTY IN THE AREA ADJOINING A HIGHWAY, THE EFFECT OF THE RESTRICTION IS TO DEPRIVE THE PRIVATE PROPERTY OWNER OF A CERTAIN DEGREE OF HIS RIGHTS IN PROPERTY IN RETURN FOR THE ACHIEVEMENT OF A PUBLIC PURPOSE. ZONING IS NOT THE ONLY LEGAL DEVICE. FEE OR EASEMENT ACQUISITION ARE ALSO AVAILABLE. THE CHOICE OF THE RESTRICTIVE MEANS SHOULD BE BASED ON THE ANTICIPATED LOSS CAUSED BY THE RESTRICTION. EXAMPLES ARE CITED OF EACH OF THE THREE LEGAL DEVICES AND THEIR EFFECTS ON PROPERTY VALUE.