Section 4.11.3

4.11.3. Streets, Rail Corridors, Infrastructure, and Public Facilities.Federal acquisitions may involve property already being used to benefit the public—such as a street, landfill, or other public facility—owned by public or private entities that may be obligated to replace the facility acquired by the United States. But the Supreme Court has unanimously held that none of these facts “require suspension of the normal rules for determining just compensation.”1127 Accordingly, compensation for streets, highways, roads, alleys, other infrastructure, or public facilities is measured by the same market value standard applied to other types of property, whether publicly or privately owned. “Deviation from this measure of just compensation [is] required only ‘when market value [is] too difficult to find, or when its application would result in manifest injustice to owner or public.’”1128 Appraisals for federal acquisitions of streets, infrastructure, or public facilities must therefore follow the same valuation standards as for any other property, whether privately or publicly owned.1129 

  • Section 4.11.3.1 Streets, Highways, Roads, and Alleys.Under federal law, streets, roads...
  • Section 4.11.3.2 Corridors and Rights of Way.Acquisitions of strips, corridors, or righ...
  • Section 4.11.3.3 Substitute-Facility Compensation.As noted above, it is constitutionall...