EMINENT DOMAIN: A LOOK AT CURRENT PROBLEMS AND FUTURE DEVELOPMENTS

This paper, which attempts to provide a broad insight into the more significant changes that are taking place in the field of eminent domain, examines the extent of public land acquisition and discusses such aspects as noise damage (various design noise level and land use relationships are tabulated), relocation assistance, last resort housing, advance acquisition, functional replacement, outdoor advertising signs and sites, and land acquisition policies. It is noted that pervasive developments are changing the emphasis and direction of highway right-of-way aquirement. Highway pruposes are being enlarged to include the noise abatement facilities or buffer zones, accommodation for other environmental concerns, and other highway-related elements. The basis of compensation is being altered to include additives of various kinds to enable property owners who are displaced to better obtain comparable, decent, safe and sanitary dwellings. Functional replacement values are now authorized for public accommodations taken or damaged for highway purposes. Advance acquisition of lands needed for highway purposes is now funded on a sophisticated basis, and thus may alter significantly the land acquisition process, if not the planning approach to highway improvement.