People v. Loop’s Empirical Analysis
1954
Citation profile
97 state decisions
How this case has been cited
Cited by 97 later decisions — most recently December 2007 · most notably Transwestern Pipe Line Company v. Yandell (1961), Territory of Hawaii v. Adelmeyer (1961)
97 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Rose v. State of California · 23 Cal. 2d 390 - People v. Ricciardi · Bacich v. Board of Control · People v. Ocean Shore Railroad, Inc. · People v. La MacChia
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A person who owns land which abuts on a highway has two kinds of rights in that highway. One group of rights are those he enjoys with all other persons or with the general public. These rights are of no concern to us in these proceedings for they have no relationship to the market value of the property itself. In addition to those rights, however, the abutting owner has certain private rights that arise from his ownership of property next to the highway and that are not common to the public generally. These rights include the right to get into and out of the property in a safe, reasonable and customary manner, considering all of the purposes and uses to which the property is adaptable and for which it is available. This is called a right of access, or a right of ingress and egress.” “You should also ascertain and assess separately how much the remaining property of the defendants will be specially benefited, if at all, by the construction of the improvement. If such special benefit shall be equal to or shall exceed the damage, if any, which you find will accrue to such remaining property by reason of its severance and the construction of the improvement, the defendants will not be entitled to be compensated except for the market value of the property acquired. If such special benefit shall be less than the damage so assessed, it will be deducted from such damage by the Court and the remainder will be the damage, if any¡ allowed the defendants in addition to the value of the ”
1 later decision quote this exact passage“* * * To value the entire tract before the taking and reduce that value to a square footage price tag and then use that price tag to determine the value of the land remaining after the partial taking is to beg the question. It is only by considering the difference between the value of the entire tract before the taking and the value of the remainder after the taking through separate and independent valuations that the presence or absence and the extent of damages or benefits or both are determined. "* * * In a proceeding to condemn part of a tract of land, the rule that the part taken should be valued as part of the whole does not mean that it must be valued according to its proportional value of the whole by multiplying the number of square feet therein by the square foot value of the entire tract, as the phrase `as a part of the whole' does not mean average part of the whole, but that in assessing value to the part taken, the trier of facts must consider its value arising from its availability for use in conjunction with the part not taken, and any increased value inhering in the part taken as a part of the larger tract must be reflected in the award to the owners.”
1 later decision quote this exact passage“"In assessing the value of the land taken as part of the entire tract it is not proper merely to compute the percentage value on the basis of an artificial average unit value for the entire tract unless the actualities of the case accord with such coverage value. It may be that the part taken is the most valuable part of the tract considered from a qualitative point of view. To attribute an average unit value thereto which is based in part on the lower value of the balance of the tract is inequitable to the owner in a double aspect of the situation. It attributes a value to the part taken which is lower than its actual fee value and it attributes a higher ultimate value to the remainder area than its actual value, thereby reducing his recovery as to both factors below his actual damages."”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.