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Authors

J. Nelson Happy

Abstract

In perhaps no area of the law are the rules more contradictory, confusing and difficult to retain than in eminent domain, and one of the most puzzling concepts in this area is damnum absqua injuria, damage without legal injury. Almost everyone is familiar with the constitutional provisions which guarantee that private property shall not be taken or damaged for public purposes without payment of just compensation to its owner.1 However, there are many factual situations in which tangible damage is done to real property as a result of the state's exercise, or threat of exercising, the power of eminent domain, for which no compensation is paid. This article is intended to examine the source of the power of eminent domain and categorize the situations in which the owners of property cannot recover compensation even though their proprietary rights have been adversely affected. In perhaps no area of the law are the rules more contradictory, confusing and difficult to retain than in eminent domain, and one of the most puzzling concepts in this area is damnum absqua injuria, damage without legal injury. Almost everyone is familiar with the constitutional provisions which guarantee that private property shall not be taken or damaged for public purposes without payment of just compensation to its owner.1 However, there are many factual situations in which tangible damage is done to real property as a result of the state's exercise, or threat of exercising, the power of eminent domain, for which no compensation is paid. This article is intended to examine the source of the power of eminent domain and categorize the situations in which the owners of property cannot recover compensation even though their proprietary rights have been adversely affected. In perhaps no area of the law are the rules more contradictory, confusing and difficult to retain than in eminent domain, and one of the most puzzling concepts in this area is damnum absqua injuria, damage without legal injury. Almost everyone is familiar with the constitutional provisions which guarantee that private property shall not be taken or damaged for public purposes without payment of just compensation to its owner.1 However, there are many factual situations in which tangible damage is done to real property as a result of the state's exercise, or threat of exercising, the power of eminent domain, for which no compensation is paid. This article is intended to examine the source of the power of eminent domain and categorize the situations in which the owners of property cannot recover compensation even though their proprietary rights have been adversely affected.

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