In Horn v. Sunderland Corpn., supra, all of the claimant’s farm lands were expropriated. He was compensated on the basis of land ripe for urban development. The question to which the court directed its attention was whether the claimant could combine a valuation based on immediate sale for building purposes with a claim for disturbance and consequential damage on the footing of interference with argicultural operations. The answer of the majority of the court was that the claim for disturbance and consequential damage did not lie. The owner could only realize the building value in the market if he was willing to abandon his farming operations. Compensation would only be paid if the sum of the agricultural value and the claim for disturbance and consequential damage exceeded the building value.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.