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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
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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
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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.
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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.
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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
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