Section 10.10 Billboards
| Library | Eminent Domain 3rd Edition 2013 |
Due to the resjudicata effect of a prior unappealed judgment, in this case the court treated the city’s condemnation of six billboards as coming within the scope of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §4601, etseq. (1970), and therefore required the payment of just compensation measured by the fair market value of the structures. However, in measuring damages, the court considered the billboards to be personal property rather than real property, and therefore denied the owner any recovery for severance damages. The court affirmed the use of an income approach to valuing the...
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