EXCESS CONDEMNATION. I. INTRODUCTION. Excess condemnation is the taking by a public authority under the power of eminent domain of more land and property than are needed for the actual construction of a contemplated improvement with a view to selling the excess at such increase in value as may accrue from the improvement. A serious obstacle to the realization of plans for improvement is the universal constitutional limitation on the power of eminent domain through the provision that land cannot be taken except for a public purpose. The usual construction of this phrase allows a public authority to take only the land or the rights in land required for the actual use of the public. The privilege to take more land than is necessary for public improvement is commonly urged on the following grounds: 1. That it enables the public authority to control the future development of land adjacent to the improvement. 2. That it permits the replotting of remnants into suitable building lots. 3. That it will in some cases enable a city to recoup itself for expenditures involved in public improvements to a greater extent than would be possible through the levy of betterments. II. CONSTITUTIONAL PROVISIONS RELATING TO EXCESS CONDEMNATION. 1. PROVISIONS NOW IN FORCE. Excess condemnation has been provided for in the constitutions of five States, namely, Massachusetts, New York, Ohio, Wisconsin and Rhode Island. The gist of these constitutional provisions is given herewith and also the exact text of the amendments. |