Property - Eminent Domain - Enhancement Value and the Miller Rule

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Authors
Morrow, W. Michael
Issue Date
1976
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Journal Article
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Research Projects
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Abstract
FIRST PARAGRAPH(S)|When a government project, which has already been authorized, is to be extended or enlarged a question arises as to whether the owner of lands condemned therefore may recover as a part of his compensation the enhancement in the value of his land occurring after the establishment of the original project. Enhancement value is that amount by which property condemned has appreciated in value due to the government undertaking which led to condemnation. When private property is taken for public use, the fifth amendment of the United States Constitution demands that just compensation be given, and that this compensation be just in relation to both the landowner and the taxpaying public. This raises the question of whether it is just to include or exclude the enhanced value of the property being condemned...
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9 Creighton L. Rev. 127 (1975-1976)
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Creighton University School of Law
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