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1960 ABA Mun. L. Sec. Rep. Comm. on Condemantion & Condemnation Proc. [i] (1960)

handle is hein.journals/precondem3 and id is 1 raw text is: COmITTEE ON COIDEMNATION AND CONDEMNATION PROCEDURE Municipal Iaw Section American Bar Association I5ORANDUM TO: Members of the Committee on Condemnation and Condemnation Procedure FROM: David R. Levin, Chairman SUBJECT: 1960 Report of Committee As in previous years, the Committee on Condemnation and Condemnation Procedure of the Municipal Law Section, American Bar Association, has prepared an annual report, a copy of which is enclosed for your use. This year's report is composed of two sections, the first part com- prising a review of over 200 court decisions in which the taking of property under eminent domain was at issue. Because of limitations in space, the report is confined for the most part to decisions handed down by the U. S. Supreme Court, the U. S. courts of appeals and.the highest courts of the several States. Only where the subject matter seemed of more than local interest were decisions of lesser courts included. Although the committee attempts to report only cases decided during the fiscal year, there is, from year to year, some overlapping since many of the decisions handed down in the latter part of this period were not available for review in time for inclusion. Each of the court decisions reviewed has been discussed under what seemed its most important aspect from the committee's standpoint. Where more than one important point was considered by the court, the case will also be found under other appropriate categories. This section of the report was prepared by Micah H. Naftalin, assisted by G. Randolph Reed and Vern Segelke, Washington, D. C. Part II of the report also prepared by Micah H. Naftalin, discusses the use of pretrial procedure by the State courts in condemnation cases, indicating its growing use and its advantages and disadvantages. The committee is grate- ful to committee members who responded to our request for comments on this important subject. Mch of the material submitted by them has been incorporated in the report. The committee also wishes to express its appreciation to William F. Tempest, Secretary of the Section of Municipal law, who again this year kindly consented to reproduice and distribute this report.

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