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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
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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