The principles of private and public land ownership and operation stem from such legal documents as the U.S. Constitution, State Constitutions and Codes, City Ordinances, court decisions, and other legal regulations. These regulations involve legal rights for both the public agency and the private property owner. They also delineate, in general, the individual or joint liability and responsibility that must be assumed as a consequence of acquisition and public use of property.
It must be recognized that a complex society engenders conflicting forms of rights which may require amendments. Court decisions made today may be appealed and previous decisions overruled. The discussion that follows is intended to give the current City practice.
The information presented in this section is written specifically for the Engineer in public works. The knowledge of the implications and consequences of the aforementioned rights and obligations is necessary in making many design decisions. The proper consideration of these rights, coupled with good engineering judgment, should help maintain good public relations and reduce project costs.
E 141.1 Real and Personal Property
Real property consists of the ground or soil and everything attached to it, either natural objects such as trees (but not necessarily crops or minerals) or those made by man, such as houses, walls, etc. Personal property consists of belongings or fixtures not permanently attached, and those of a personal nature such as furniture, clothing, etc.
E 141.2 Difference Between Properties
The designer should recognize the difference between real and personal property, as real property may have an effect on the choice of alternate routes, grades, and alignments.
The significant difference between real and personal property is reflected by the following example:
A restaurant whose purchase is required for a public improvement has counters, stools, cash registers, display racks, etc., attached to the building. If it can be shown that there was no intention of affixing these fixtures permanently, that their removal would cause little or no damage to the fixtures or the building, and that they could readily be adapted for placement in other locations, it can be construed that the fixtures constitute personal property.
The City is not required to pay for the relocation of this type of personal property. There are certain types of personal property whose removal may have to be paid for by the City, but this need not be covered in this Part of the Manual.
Further discussion on related subjects will be found in E 145, Procedures of Acquisition.
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