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OCR for page 158
158
type complete joint penetration groove welds using fused
metal backing bars and the selected nonfused backing
materials. During the fabrication process, methods shall
be used to induce acceptable and rejectable discontinuities
defined by Paragraph 9.25 in AWS D1.1. Perform and
report on ultrasonic indications as required by Chapters
6 and 9 of AWS D1.1.
Task 8 Verify and characterize the existence of rep
resentative ultrasonic test indications in the welds pro- Research Agency:
duced in Task 7. Principal Invest.:
Task 9 Conduct performance tests on weldments fab
ricated with the selected nonfused backing materials. The
purpose of these tests will be to identify the advantages
and disadvantages of their use in steel bridge applications.
Task 10 Prepare a final report documenting all re
search. The final report shall include recommendations
for areas in need of further investigation.
Through December 31, 1988, research on Tasks 1 and
3 have progressed on schedule. A number of references
have been collected and evaluated for applicability.
AREA 11: LAW
PROJECT 11-1 FY'65
Rules of Compensability and Valuation in
Highway Lanc' Acquisition
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
University of Wisconsin
Dr. Richard U. Natalie
January 1, 1965
April 30, 1967
$84,840
This project analyzed current legal rules and appraisal
practices and suggests methods to eliminate inconsist-
encies, ambiguities, and inequities based on constitutional
mandates, sound judicial analysis, and appraisal theory
and practice.
The research was to express the parameters of in-
demnity representing the ideal based upon logical and
acceptable criteria, identify deviations from the ideal basic
principles found in statutes, operating rules, and court
decisions, analyze the motivation for these deviations, and
suggest a workable compromise between the ideal and
the practicalities in the application of the power of em-
inent domain.
The report contains information relative to the present
law of evidence in eminent domain proceedings. Diver-
gencies which appear in the law from State to State are
identified and analyzed. The cause and extent of diversity
are determined, and the connection between evidentiary
law and the legal rules and standards of compensability
and valuation is examined. The reasons the courts give
as a basis for their decisions to admit or exclude various
types of evidence are set forth and described.
The final report has been published as: NCHRP Report
104, "Rules of Compensability and Valuation Evidence
for Highway Land Acquisition."
Project 1 1-1~1 ) FY '68
Eliminating Enhancement or Diminution Ef-
fects on Right-of-Way Valuation
Effective Date:
Completion Date:
Funds:
Real Estate Research Corporation
Stanley F. Miller
Morris A. Lieberman
September 2, 1968
February 28, 1969
$5,000
The objectives of the research were to assemble and
analyze whatever statutory and case law now exists on
this subject. Valuation problems involved were also stud-
ied.
The research included a study of the general principles
and techniques (both valuation and legal) that cause en-
hancement or diminution in the value of surrounding
properties or those being taken by eminent domain as a
result of the date of valuation or announcement thereof.
Statutory laws of each of the 50 States were examined.
The final report covers a general discussion of valuation
principles, including identification of factors which cause
enhancement or diminution of value. The impact of date
of valuation is discussed, and case studies of the effect of
time are presented. There is also a general discussion of
the legal aspects and practices.
The final report has been published as: NCHRP Report
114, "Effects of Proposed Highway Improvements on
Property Values."
Project 11-1(2) FY '68
Recognition of Benefits to Remainder Prop-
erty in Highway Valuation
Research Agency:
Principal Invest.:
Effective Date:
Completion Date:
Funds:
Joseph M. Montano & Assoc.
Joseph M. Montanc
October 1, 1968
March 31, 1969
$5,000
The subject of benefits is often discussed and casually
considered, largely because it is a mandatory finding in
many States, but rarely pursued with enthusiasm. Because
of the need for more equitable treatement of the public
interest, the practitioner, both legal and appraisal, needs
to be more fully informed of the potential involved.
Actually there is a rather large and surprisingly liberal
body of case law allowing a variety of benefits to offset
or mitigate the amount of compensation that must be
paid. These were collected, analyzed, and grouped, with
emphasis on the most recent cases to ascertain trends.
The desired end product was a trial memorandum that
can be used by the practicing trial lawyer and appraised
OCR for page 159
159
on a day-to-day basis. The research explored different
approaches, both legal and appraisal, that would lead to
greater recognition of benefits to offset or mitigate the
amount of compensation which must be paid.
The final report gives a short and concise, but com-
prehensive, statement of what appellate courts have said
about the trial aspects of benefits. It further contains an
inventory of these appellate decisions, as well as a list of
annotations, treatises, and legal periodicals. Moreover, the
report gives some suggestions and ideas about what should
be done and how to prove that benefits have resulted by
virtue of the construction of public improvements.
The project report has been published as: NCHRP
Report 88, "Recognition of Benefits to Remainder Prop-
erty in Highway Valuation Cases."
Project 11-1(3) FY '68
Taxation Aspects of Right-of-Way Acquisition
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
University of Tulsa
Dr. E. Dale Searcy
September 16, 1968
April 30, 1969
$2,250
The objective of this research was to identify, analyze,
and explain, with appropriate examples, the many ele-
ments of the taxation aspects of right-of-way acquisition.
It included the Federal income and capital-gains tax ele-
ments, but also treated these elements from a state income
and ad valorem tax point of view for purposes of illus-
tration.
The research distinguished, for taxation purposes, be-
tween all of the different compensation elements involved
(i.e., relocation payments, partial takes, etc.~. It included
these and other elements involved in the various interests
or awards (negotiations vs. condemnation, etc.) and types
of properties (residential, business, agricultural, invest-
ment properties, etc.~.
A final report was not submitted; therefore the contract
was terminated.
Project 11-1(4) FY '68
Compensation in the Nature of Additives to
Market Value
Research Agency: Univ. of Oklahoma Research Inst.
Principal Invest.: J. Dwain Schmidt
Effective Date: December 1, 1968
Completion Date: May 3 1, 1969
Funds: $2,500
The objective of this study was to analyze statutes and
cases on a Federal and State-by-State basis to ascertain
the present state of the law of these issues and to measure
the trend, if any.
The research examined some outstanding cases con-
cerning additives to market value in highway condem-
nation cases and delved into recent legislation materially
affecting the law of eminent domain as it relates to just
compensation.
The final report was not published in the NCHRP
report series; however, microfiche of the report may be
purchased (see final page of this section for ordering in-
formation).
Project 11-1~5) FY '68
Rules of Discovery and Disclosure in Highway
Condemnation Proceedings
Research Agency: Long, Mikkelborg, Wells & Fryer
Principal Invest.: Jeremiah Long
Effective Date: September 15, 1968
Completion Date: April 14, 1969
Funds: $2,500
A significantly large body of statute and case law is
developing concerning the applicability of State and Fed-
eral rules of discovery to eminent domain actions and the
rights of the parties to compel disclosure of the opposi-
tion's valuation and other testimony. Depending on the
way such disclosure is permitted, advance possession of
the other party's valuation evidence, which is largely opin-
ion, and the reasons therefor, may materially affect cross
examination. The highway legal practitioner should be
aware of the state of the law in this field.
Divergent conclusions and opinions relating to value
are not based on the existence of differing facts but on
individual interpretation of those facts in the expert's
valuation of the property before and after acquisition. No
amount of independent pre-trial effort on the part of
opposing counsel or his client will reveal the conclusions
and opinions of the opposing experts. Add to the uncer-
tainties of preparation for cross-examination and rebuttal
the primary importance of expert testimony in condem-
nation actions and the wide divergence in the contents of
such opinion, and it is not surprising that the field of
eminent domain has produced the most activity and the
greatest diversity of legal opinion in the area of pre-trial
discovery of the opinions and conclusions of value experts
retained for negotiation and in anticipation of litigation.
The final project report discusses the existing Federal
and State cases on the subject, the statutes, and rules
adopted in various jurisdictions to resolve the uncertain-
ties attending discovery of expert opinion.
The project report has been published as: NCHRP
Report 87, "Rules of Discovery and Disclosure in High-
way Condemnation Proceedings."
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160
Project 11-1(6) FY '68
Valuation and Condemnation Problems of Se
Iected Special Purpose Properties
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Edward E. Level
Edward E. Level
September 2, 1968
November 28, 1969
$7,500
Properties put to special uses are frequently required,
in whole or in part, for highway right-of-way purposes.
The rules of compensation and methods of valuation of
such properties are inconsistent in their practical appli-
cation, often with incongruous and varying results from
State to State.
Research is needed to clarify the special-purpose-prop-
erty field illustrated by the taking of cemeteries, parks,
schools, and churches, or portions thereof. The research
was to assemble and analyze the case law applicable to
this class of property and the present state of appraisal
practice in the field involving these special-use properties
and to provide a clear exposition of the correct theory
and practice in terms of a series of alternatives applicable
to such properties.
Schools, churches, cemeteries, parks, utilities, and sim-
ilar properties, due to the lack of sales data, cannot readily
be valued by the usual appraisal methods or legally al-
lowable proof. The project report considers what special
appraisal techniques and legal rules are applied in valuing
such properties.
Cases and appraisal methods are discussed as to just
compensation, elements of the special-purpose properties,
appraisal evidence and evidence allowed, and the com-
petency of witnesses in trials concerning special-purpose
properties. Specific discussions of appraisal techniques
and legal rules applicable to cemeteries, churches, parks,
schools, and other special properties are discussed.
The project report has been published as: NCHRP
Report 92, "Valuation and Condemnation of Special Pur-
pose Properties."
Project 11-1(7) FY '68
Valuation and Compensability of Noise, Pol-
lution, and Other Environmental Factors
Research Agency:
Principal Invest.:
Ef~echve Date:
Completion Date:
Funds:
Univ. of Oklahoma Research Inst.
J. Dwain Schmidt
October 1, 1968
March31,1969
$2,500
Highway departments today are confronted with some
complicated takings, particularly in urban areas, wherein
allegations are made claiming damages which arise from
highway-oriented noise, air, and water pollution and other
similar environmental factors.
The decided cases in this limited area were singled out
and examined, with careful analysis given to the valuation
and legal compensability problems.
The power to take private property for a public purpose
by eminent domain is a basic right of government. How-
ever, in the United States, private property shall not be
so taken without the payment of just compensation. The
question researched in this project was whether highway-
produced noise, air, and water pollution and other sim-
ilar environmental factors- are the type of injuries for
which compensation must be paid.
The final report was not published in the NCHRP
report series; however, microfiche of the report may be
purchased (see final page of this section for ordering in-
formation).
Project 11-1~8) FY '68
Remainder Damages Caused by Drainage,
Runoff, Blasting, and Slides
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Harrison Lewis
Harrison Lewis
October 15, 1968
January 15, 1970
$7,500
During highway construction, or shortly thereafter,
there are special types of damages relating to drainage,
runoff, blasting, slides, etc., which sometimes result. Gen-
erally speaking, all damages which are the natural and
probable result of involuntary takings are to be included
and assessed in the condemnation proceedings, but the
law and the appraisal practice relating to such special
situations, litigated and negotiated, is far from clear and
is not understood by many appraisers.
The purpose of the research was to identify and clarify
these elements. The research included an assembly and
analysis of case law from a majority of jurisdictions ap-
plicable to each of these special situations; an assembly
and analysis of the best and prevailing appraisal principles
applicable thereto; and a statement of the logical alter-
native methods of dealing with the valuation and damage
problems involved, including the pros and cons of each
such legal alternative.
The project report has been published as: NCHRP
Report 134, "Damages Due to Drainage, Runoff, Blast-
ing, and Slides."
Project 11-1(9) FY '68
Valuation and Condemnation Problems In-
volving Trade Fixtures
Research Agency: Edward L. Snitzer
Principal Invest.: Edward L. Snitzer
Effective Date: March 15, 1969
Completion Date: December 1, 1969
Funds: $5,000
OCR for page 161
161
The objective of the research was to review all appellate
cases in the trade fixture area and to cite and compare
these with selected typical landlord-tenant and mortga-
gor-mortgagee cases to illustrate the different rules of law
applicable. Appropriate jury instructions, based on the
decided cases, were developed as to the acquisition and
valuation criteria that have been judicially prescribed.
Comments were made on the valuation techniques in-
volved, particularly as to how they may differ, if they do,
from conventional methods of fixture valuation. Existing
legal and appraisal literature was reviewed and cited,
particularly law review articles, ALR annotations, and
The Appraisal Journal.
The project report has been published as: NCHRP
Report 94, "Valuation and Condemnation Problems In-
volving Trade Fixtures."
Project 11-1(10) FY '68
Compensability and Valuation Aspects of Res-
idential Displacement in Highway Pro-
grams
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Ross, Hardies, O'Keefe, Babcock,
McDugald & Parsons
Fred P. Bosselman
March 15, 1969
September 15, 1969
$5,000
Serious practical problems arise when highway con-
struction unavoidably necessitates substantial displace-
ment of residential units both in urban and rural areas.
Relocation of displaced residents is, in varying degrees,
becoming a responsibility of public agencies. However,
up to the present time, alternative means and procedures
for performing this responsibility have been limited, and
it is evident that new and greater efforts in this activity
must be made. Significant legal and valuation problems
must be solved if legislators and administrators are to
have guidelines for development of new methods of im-
proving relocation assistance and for decisions between
alternatives in specific situations.
The research report contains discussions of the con-
stitutional requirements and limitations and how the basic
standards for the payment of compensation to persons
whose property is taken for public use are derived from
such sources. The need for new compensation techniques
is discussed and analyzed. Traditionally, "consequential
damages" resulting from the taking of a man's property
have been considered part of the burden of citizenship.
The rapid increase of residential takings has caused great
pressure on government to compensate more of these
consequential damages. The various monetary and non-
monetary effects are outlined to indicate the wide range
of losses that may result when residences are taken.
The project report has been published as: NCHRP
Report 107, "New Approaches to Compensation for Res-
idential Takings."
Project 1 1-1(1 1) FY '68
Valuation Elements of Joint Development
Projects, Including Air Rights
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Real Estate Research Corp.
John M. Bohling
February 24, 1969
August 25, 1969
$5,000
This study briefly reviewed the legal factors covering
the valuation of air rights and of joint development proj-
ects. An exploration was made of known appraisal con-
cepts and valuation principles and their application to the
valuation of multiple-use projects. The findings of this
study will provide guidance for appraisal practitioners
and public officials concerned with the valuation of joint
development projects.
The study found that the current appraisal technique,
as presented by the Keuhnle and White formulas, appears
to present the best potential for the valuation of multiple-
use projects, particularly as they apply to rights-of-way.
These formulas present the value of the property interest
to be disposed of (the air rights or tunnel easement) in
order to approximate the difference between the value of
the fee property before and after the specific property
interest is conveyed. These formulas take into consider-
ation other costs or benefits, such as (a) economic value
loss because of reduction in functional utility due to con-
struction, (b) added costs of constructing improvements
in a different fashion than if erected on surface fee, (c)
additional interest expense which would be incurred, (d)
savings in excavation costs, (e) tenant relocation, (f) dem-
olition.
The final report was not published in the NCHRP
report series; however, microfiche of the report may be
purchased (see final page of this section for ordering in-
formation).
Project 11-2 FY'65
Theory and Practice in Inverse Condemnation
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Regional and Urban Planning Im-
plementation
Mrs. Barbara Hering
February 1, 1965
June 30, 1966
$15,000
This project was intended to review case law covering
inverse condemnation, review techniques to litigate in-
verse condemnation claims and defenses, analyze admin-
istrative techniques used in handling such claims, and
compare judicial treatment and alternative statutory pro-
posals applicable to State highway department problems.
OCR for page 162
162
An intensive review of legal cases has been conducted
for five States having a substantial volume of such cases.
Questionnaires supplemented by personal contact studied
legal and administrative practice.
The project report has been published as:
NCHRP Report 72, "Theory and Practice in Inverse
Condemnation for Five Representative States."
Project 11-3 FY '67
Valuation and Legal implications of Scenic,
Conservation, and Roadside Easements
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Donald T. Sutte, Jr., and Assoc.
Donald T. Sutte, Jr.
Prof. Roger A. Cunningham
November 1, 1966
December 15, 1967
$25,000
This project relates to the identification and application
of legal and valuation principles for the acquisition of
scenic, conservation, and roadside easements; outdoor ad-
vertising and junkyard activities; scenic enhancement in-
terests; and the like.
All the available information was assembled pertaining
to past experience in the use of scenic roadside easements
and similar property interests in programs for scenic en-
hancement. An annotated bibliography of the relevant
legal and appraisal literature has been prepared, and State
and Federal highway agencies that have been active in
acquisition of scenic easements were interviewed. The
material was analyzed with regard to the statutory bases,
the character of the easement, and the administrative and
acquisition practices developed.
The researchers studied the steps for acquiring scenic
easements, the advantages and disadvantages of scenic
easements, and similar less-than-fee property interests.
Model legislation was developed to deal with the legal
problems identified.
The project report has been published as: NCHRP
Report 56, "Scenic Easements Legal, Administrative,
and Valuation Problems and Procedures."
Project 1 1-3(1) FY '68
Public Control of Roadside Advertising Signs
for Highway Beautification
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Donald T. Sutte, Jr., and Assoc.
Donald T. Sutte, Jr.
Prof. Roger A. Cunningham
October 1, 1968
December 31, 1969
$20,000
The Highway Beautification Act of 1965 made several
major changes in Federal policy regarding control of road-
side advertising, which changes have affected State and
local programs on such matters and require valuation and
legal studies.
Based on the assumption that compensation must be
paid for the elimination of those signs erected before
October 1965 that must be removed, the legal research
included a review of all the decided cases discussing all
the various elements of compensation and, in particular,
the taking from the owner of the sign, display, or device
of all right, title, leasehold, and interest in such sign,
display, or device and the taking from the owner of the
real property on which the sign, display, or device is
located, the right to erect and thereafter maintain such
signs, displays, and devices thereon.
The valuation research included a general discussion
of all applicable valuation principles and concepts con-
sidering the special-purpose nature of outdoor advertising
signs; gave consideration to the explanation of the alter-
native methods of estimating compensation for all ele-
ments; gave separate treatment to the methods of
measuring business losses; and recognized and separately
treated the different types of outdoor advertising signs.
Actual illustrations and case studies were utilized.
The project report has been published as: NCHRP
Report 119, "Control of Highway Advertising Signs
Some Legal Problems."
Project 11-3~2) FY,68
Public Control of Junkyards for Highway
Beautification
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Real Estate Research Corp.
Stanley F. Miller
Morris A. Lieberman
September 2, 1968
February 28, 1970
$13,300
Based on the assumption that compensation must be
paid for the relocation, removal, or disposal of junkyards
specified in the Highway Beautification Act of 1965, the
legal research included an investigation of decided cases
in five representative States. Furthermore, the statutory
laws of the 50 States were examined as they pertained to
the problem and the research objective.
The research included a general examination of val-
uation principles and concepts applicable to the valuation
of junkyards. Careful and objective consideration was
given to alternative methods of estimating compensation
for all elements. The studies recognized and separately
treated the different types of junkyard establishments.
The project report covers the basic principles of market
value and compensation. Valuation practices and proce-
dures are discussed, and factors that cause enhancement
or diminution of value are identified. Case studies are
included in the report to show examples of the erect of
time on value and to show examples of remainder and
specific parcels.
OCR for page 163
163
The project report has been published as: NCHRP
Report 1 12, "Junkyard Valuation Salvage Industry Ap-
praisal Principles Applicable to Highway Beautification."
Project 11-4 FY '68
Elimination of Wide Divergence in Right-of-
Way Valuation
Amer. Inst. of Real Estate Apprais-
ers
Frances Hokanson
July 1, 1969
February 28, 1971
$24,959
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Wide variations in valuation have been reported in
many States. These have most frequently occurred in
instances (a) where two or more appraisers are so diver-
gent that their testimony has little merit and (b) where
appraisal of severance damage is shown by subsequent
experience to be wholly unrealistic. Continued occurrence
of such instances results in unnecessarily high awards and
raises questions regarding validity of current valuation
methods.
This research reviews, analyzes, and evaluates actual
cases in which divergences existed. The reasons or bases
for such divergences are identified. The research includes
analyses of how divergencies relate to type of taking, type
of use, level of government that acquires, and other fac-
tors. It also covers the extent to which appraisal diver-
gencies reflect inadequacies in the appraisal process and
techniques such as (a) misunderstanding of the facts of
a particular appraisal, (b) lack of training and experience
of appraisers, (c) conflicting legal and engineering prem-
ises, and (d) problems of severance damages. Alternative
solutions are suggested to eliminate or diminish such di-
vergences. The alternative solutions explored include pos-
sible changes in the law, presentation and admissibility
of valuation evidence, changes of appraisal concept, or
methods of administration.
The project report has been published as: NCHRP
Report 126, "Divergencies in Right-of-Way Valuation."
Project 11-5 FY'71
Valuation of Air Space
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Daniel, Mann, Johnson, &
Mendenhall
Daniel J. McNichol
October 1, 1970
May 31, 1972
$49,800
The objective of this study was to provide guidelines,
procedures, and documentation for the right-of-way agent
and lawyer in valuation, legal, and administrative prob-
lems as applied to air-space acquisition and planning. The
primary emphasis was on developing applicable valuation
theory and criteria.
The research included an inventory and review of be-
fore-and-after case-study material where air space had
been bought, sold, or leased. An analysis was made in
terms of factors common to all cases and of special factors
relevant to various uses of air space and various types of
highway structures.
The research also evaluated the adequacy of existing
legislation and analyzed and reported on legal ramifica-
tions that influence the valuation process, taking into
consideration legal constraints peculiar to air-space val-
uation. A basic theory for the evaluation of air rights was
developed.
The variables and factors that influence air-space ac-
quisition and the valuation processes were identified and
analyzed. Matrices were developed to provide a compre-
hensive collection of relevant valuation factors, including
economic feasibility analysis. The primary aim was to
provide a clear and precise presentation of all factors
considered in the valuation process and a basis for
selecting the most desirable use.
The project report has been published as: NCHRP
Report 142, "Valuation of Air Space."
Project 11-6 FY '74
Valuation and Compensability of Noise Pol-
tution
Research Agency:
Principal Invest.:
Elective Date:
Completion Date:
Funds:
Jack Faucett Associates
Dr. E. J. Mosbaek
April 1, 1974
July 31, 1975
$94,744
The objective of this research was to identify and de-
velop fair and equitable valuation methods and com-
pensability criteria for the erect on adjacent areas of noise
anticipated to be produced by traffic on proposed highway
improvements. To accomplish these objectives, the
research included the following tasks:
1. Review and summarize recent literature, including
court decisions, pertaining to elements of damages arising
from noise, and theories of compensation therefor, in-
cluding methods of measurement and valuation of such
damage.
2. Define measures and scales for quantifying the ex-
tent of potentially compensable damages resulting from
exposure to highway traffic noise. Variables to be quan-
tified should include such factors as impact on property
values and interference with human activities.
3. Develop a compensation model or models that relate
levels of compensation to varying levels of noise exposure
and different land uses.
4. Apply and evaluate the use of the compensation
models against a set of representative highway environ-
ments to assess the economic effects of noise compensation
Representative terms from entire chapter:
project report
