Necessity for Compensation for Violation of a Restrictive Covenant in an Eminent Domain Proceeding

Authors

Wayne C. Booth

Abstract

In eminent domain proceedings where the state or a repository of state power seeks to use land within a restricted residence area for a purpose not consistent with the restrictive covenants, recovery of compensation by adjacent owners in the subdivision for this violation seems dependent upon whether the interest created by the covenants in the adjacent owners is a "property right". If it is a property right it can not under most state and the federal constitutions be taken by eminent domain unless compensation is made.' On the other hand, if the interest be not "property" no compensation need be made for its removal or violation.

First Page

137

Recommended Citation

Wayne C. Booth, Comment, Necessity for Compensation for Violation of a Restrictive Covenant in an Eminent Domain Proceeding, 14 Wash. L. Rev. & St. B.J. 137 (1939).
Available at: https://digitalcommons.law.uw.edu/wlr/vol14/iss2/6