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City Of Santa Fe V. Komis

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eBook details

  • Title: City Of Santa Fe V. Komis
  • Author : New Mexico Supreme Court
  • Release Date : January 26, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

This appeal is based upon the admissibility and exclusion of certain evidence during the trial. The underlying issue that forms the basis of the trial court's rulings is whether in a partial condemnation action a property owner is entitled to receive compensation for the diminution of value to the remainder of the property caused by public perception.*fn1 In this case, the taken land is to be used for the construction of a highway to transport nuclear waste to the Waste Isolation Pilot Project (WIPP) site near Carlsbad, New Mexico. The specific issue to be decided is whether the public fear of this use, whether well-founded or not, which causes a diminution in value to the remaining land not taken, is compensable. Our answer is yes, and we affirm on this issue.


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