Criteria reviewed for determining whether parcels of land constitute a larger tract or simply parcels of land in one ownership are: (1) unit of ownership, (2) unity of use, and (3) unity of estates. Court decisions and hypothetical situations are reviewed. These show ramifications relating to problems of determining what constitutes larger tracts in cases where condemnation engages in partial takings. It is recommended that a more equitable doctrine can be applied by imposing the following essential elements on these criteria: (1) unity of ownership should require that there be absolute identity of fee owners of the different parcels with the presence or absence of one or more owners constituting a clear failure of unity of ownership, (2) unity of the estates should require that the separate parcels be held by the owners through estates of equal dignity or quality, and if there is any difference in dignity or quality there is clear failure of unity of the states, and (3) unity of use should require a clearly inseparable connective use, the disruption of which would virtually destroy the overall joint operation carried on upon the separate parcels. Unity of estates and unity of ownership should thus become nearly inseparable. Unity of use presents a problem with possibilities of almost unlimited variety. Sound application of the larger tract concept requires that these steps be present in assessing damages for eminent domain.
Samenvatting