Vanderbilt Law Review

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The increase in large-scale federal and state programs utilizing the power of eminent domain have made evident the lack of eminent domain concepts and procedures which will facilitate the completion of these programs without undue delay, while concurrently providing adequate compensation for the damage inflicted upon individual property owners. In focusing upon the measure of compensation payable when the interests of lessors and lessees are taken, Professor Johnston questions the validity of two generally accepted concepts of existing doctrine, the market value approach to compensation and the unit valuation approach to apportionment. He points out that, although a judicial reassessment of the unit valuation approach is already underway, the ultimate responsibility for developing more adequate approaches to compensation rests with the legislatures.

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