protective theory

protective theory
A theory sometimes applied in determining the amount of property which can be taken in condemnation proceeding, the theory being that more can be taken than that which is barely necessary, since if the condemner owned the adjacent land, it could sell it under restrictions preserving the beauty of the project, thus facilitating an increase in the value of the surrounding private properties. Cincinnati v Vester (CA6 Ohio) 33 F2d 242, 68 ALR 831, affd 281 US 439, 74 L Ed 950, 50 S Ct 360.

Ballentine's law dictionary. . 1998.

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