The entry of the highway program into the urban areas on a major scale has brought to the condemnation attorney numerous legal problems which are new, either in their form or their magnitude. One of these problems concerns the handling of leasehold interests in land which is being condemned for public use. This problem of increasing severity in urban areas is discussed. Two matters of importance are: (1) the so-called owner's right to just compensation receives vastly different and inconsistent treatment among the several jurisdictions, and (2) there is need for a more practical approach to the problems in this area. Items covered include: procedural questions procedure, condemnation clauses, the lease, effect on landlord-tenant relationship, valuation, expert witnesses, and other elements of compensation (profits, goodwill, income, moving costs, fixtures and improvements, option to renew, unexercised option to purchase).
Abstract