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Full-Text Articles in Law
"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham
"Fair Market Value," "Just Compensation," And The Constitution: A Critical View, W. Harold Bigham
Vanderbilt Law Review
It has become almost an article of faith that "fair market value"constitutes the only fair and workable measure of damages for a landowner whose real property has been taken for public use. The courts apply it woodenly;' the magic words are solemnly intoned to jurors, commissioners, and arbitrators. Even the learned scholars in the field give it at least implicit recognition. Moreover, it continues to flourish despite widespread public dissatisfaction with both the substantive test for damages and the procedures through which the land is obtained. The taking of private property for the federal interstate highway and urban renewal programs, …
Condominiums: Incorporation Of The Common Elements--A Proposal, John H. Bailery, Iii, Lawrence C. Ashby
Condominiums: Incorporation Of The Common Elements--A Proposal, John H. Bailery, Iii, Lawrence C. Ashby
Vanderbilt Law Review
Although the establishment of a common element corporation will provide the unit owners with some relief from major legal problems,close examination clearly reveals that such a proposal is not a ready cure for the condominium's many drawbacks. Among the proposal's chief benefits is the elimination of unlimited, joint and several liability for the unit owners. At the same time, responsibility for liability and casualty insurance coverage will be more clearly defined with the consequent elimination of double coverage. A variety of procedural questions will also be resolved since the corporation will be directly responsible for the common areas and facilities …