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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9326   View pdf image (33K)
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sovereign from suit which follows later, you have what
is unquestionably the most proliferate breeder of liti-
gation that has come up in many, many years.
I should like to inquire what is meant by
damage? Does this mean that if a road is relocated, the
owner of the business which is located on the old road
can go to the state seeking compensation because the
value of his property as a business has been diminished
because the state has relocated?
Does it mean that if the grade of a road is
changed, that you are damaged? Does it mean that if a
power company erects a line near your property and your
view is not quite what it used to be, you are damaged
because your property is less desirable, less useful or
less valuable, which are the definitions used by the
states in which this provision is in effect?
Much of the damage which results in situations
of this kind cannot possibly rise above the area of
speculation and speculation is an clement of damage which
has always been rejected in these courts.
The State Road Commission of Maryland, I



 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 9326   View pdf image (33K)
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