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J. Leadtime for Federal-aid highway displacees in past acquisi-
real property payments, total project costs, and others.-
VI. The scope of public use.
VII. Summary of the judicial rules defining the scope and limitations of
the just compensation required by the Fifth Amendment -
A. Payment required for the property taken..
B. Payment not required for incidental losses.-
C. Exception to general rule of no compensation for incidental
D. No payment required if no property “taken”.
E. The market value standard..
2. Market value means a transferable value.
3. Market value may be more or less than the owner's
investment in his property----
4. Market value means cash or equivalent of cash..
5. Market value, not value to the owner.
6. Market value, not value to the taker.
7. Market value, a practical but imperfect standard.--
F. Changes in market value caused by project for which prop-
erty is acquired..
1. Enhancement in market value.
2. Decreases in market value..
G. Severance damages.--
2. Unity of ownership-
3. Unity of use.
4. Concept technically inapplicable in easement tak-
5. Limits of compensable damage.--
1 1 1 1 1
A. Îo pay more than the just compensation required by the
(b) Nonrecognition of gain on damage to re-
(c) Beginning of replacement period.-
(d) Exclusion of certain relocation payments..
(e) Exemption from documentary stamp tax..
14. Loans and counseling for displaced and injured small
businesses (title III, sec. 301).
15. Retraining (title III, sec. 302) -
STUDY OF COMPENSATION AND ASSISTANCE FOR PERSONS AFFECTED BY REAL PROPERTY ACQUISITION IN FEDERAL AND FEDERALLY ASSISTED PROGRAMS
I. CREATION OF THE SUBCOMMITTEE
The Select Subcommittee on Real Property Acquisition was first created in the 87th Congress by resolution of the Committee on Public Works adopted August 24, 1961, under the authority of House Resolution 23. The subcommittee was recreated in the 88th Congress under the authority of House Resolution 56, and is presently constituted as follows:
Clifford Davis, Chairman Robert E. Jones
Howard W. Robison Ed Edmondson
John C. Kunkel Harold T. Johnson
James H. Quillen T. A. Thompson
Don H. Clausen II. PURPOSE OF THE SUBCOMMITTEE The subcommittee was directed to make a comprehensive, impartial, and nonpartisan study, in order to determine whether owners, tenants, and other persons affected by the acquisition of real property in Federal and federally assisted programs receive fair and equal treatment, and adequate compensation, considering the value of their property and the losses and expenses they incur on being required to move from their homes, farms, or business locations. The subcommittee was directed also to develop specific legislative proposals, as necessary, in order to eliminate inequities and to prevent or minimize hardships in these programs.
III. LEGISLATIVE BACKGROUND AND SCOPE OF SUBCOMMITTEE STUDY
There have been a growing number of complaints to the Congress in recent years, questioning the fairness of Government agency land acquisition practices, the sufficiency of traditional standards of compensation, and the adequacy of assistance for persons adversely affected by public improvement programs undertaken by the Federal Government, or with the aid of Federal funds.
There were reports of many persons suffering severe hardships and financial losses and of others being overpaid. There was particular concern about the lack of uniformity in the various programs, with citizens apparently receiving varying amounts of compensation or assistance depending on the program involved rather than the actual loss suffered.
In recent sessions of Congress, legislation has been enacted to provide more liberal payments in specific programs, and numerous bills