Real Estate Valuation in Condemnation PDF Download

Author: Sidney Z. Searles
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 722

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Author:
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 248

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Author: Practising Law Institute
Publisher:
ISBN:
Category : Compensation (Law)
Languages : en
Pages : 544

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Author: Jan Laitos
Publisher: Wolters Kluwer Law & Business
ISBN: 1543879780
Category : Eminent domain
Languages : en
Pages : 1260

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Author: James D. Eaton
Publisher: Appraisal Inst
ISBN: 9780922154203
Category : Law
Languages : en
Pages : 596

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Author: Laitos
Publisher: Wolters Kluwer
ISBN: 1543802362
Category : Law
Languages : en
Pages : 1344

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Book Description
Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition is a comprehensive, up-to-date review of the on-going battle between government's desire to regulate and limit private property use, and property owners' equally powerful desire to avoid economically damaging or unreasonable or unconstitutional limitations. Federal, state, and local governments often wish to restrict or condition uses of private property, while private property owners wish to avoid or seek compensation for such regulatory controls. This battle between property and regulation is one of the most emotionally charged and fiercely contested issues in contemporary law. An enormous amount of litigation, at both the federal and state level, has stemmed from questions surrounding the extent to which government may restrict or even prevent certain private property uses. The relevant law is constantly changing and evolving, so count on the Law of Property Right Protection to bring you completely up to date. The book is organized according to the many ways that government powers over private property are limited, by the federal and state constitutions, the common law, and equitable principles and has been cited by the United States Supreme Court, federal courts, and state appellate courts. Law of Property Rights Protection: Limitations on Governmental Powers, Second Edition: Analyzes relevant and current case law, and identifies (1) which challenges by private property owners were successful, (2) what facts seemed compelling to reviewing courts considering property-restrictive regulations, and (3) what arguments by property owners tend to fail in the eyes of reviewing courts. Offers advice on which property-protective provisions in constitutional law maximize the likelihood of a successful challenge to restrictive regulations, as well as advice on how to mount a legal challenge which will not be dismissed on jurisdictional or procedural grounds. Considers all of the primary limitations on government regulations of property - Takings; Due Process; Contracts Clause; Equal Protection; the Vested Rights Doctrine; Anti-Retroactivity Presumptions; Internal Limits on the Police Power Includes the full range of property interests - such as real property; contract rights; leasehold rights; unpatented mining claims; water rights; intellectual property; rights of access and entry; royalty rights; all forms of intangible property interests Using Laitos' strategic approach, and easy-to-follow organization, this book will help you formulate arguments and challenges which may overcome or invalidate onerous regulations on the use and enjoyment of private property. Previous Edition Law of Property Rights Protection: Limitations on Governmental Powers, ISBN 9780735501522

Author: New York (State)
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 124

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Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 618

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Author: Edward L. Snitzer
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 40

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The common law test for the determination of fixtures; intent, adaptability, and annexation; attempted to resolve conflicting status claims in disputed items of property. The same tests were applied in condemnation proceedings, where the issue is not which party should prevail, but which party should bear the economic consequences arising because of the condemnation. A test is presented for compensability of trade fixtures that is dependent not solely on whether such fixtures were intended to become part of the realty and were affixed and adapted thereto, but whether such fixtures were condemned because modern appraisal techniques would indicate it to be a denial of just compensation to hold otherwise. All appellate trade fixture cases as well as pertinent legal and appraisal articles in manuscripts were reviewed.

Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages : 836

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