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Full-Text Articles in Law
The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff
The Market Value Rule Of Damages And The Death Of Irreparable Injury, Patrick Luff
Cleveland State Law Review
A fundamental principle of remedies is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong suffered. But law and equity come to very different conclusions about what remedy is sufficient to restore a plaintiff to his status quo ante when real property, rare property, and property with high sentimental but low market value are involved. Equity treats the loss of these items as irreparable injury, meaning that damages are not adequate to compensate the victim for their loss. But if the real property is seized in eminent …
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman
Cleveland State Law Review
This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Cleveland State Law Review
This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Cleveland State Law Review
This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Cleveland State Law Review
The purpose of the requirement of just compensation contained in the United States Constitution, where private property is taken for public use, is to place the financial losses caused through public improvements on the public rather than entirely upon those who happen to lie in the path of the project. Since the nation is proliferating with everexpanding highways and urban renewal programs, and these programs involve the exercise of the power eminent domain, controversies related to fair value for property taken are numerous. Relatively few cases in modern times reach the Supreme Court, but through previous decisions, affirmed or cited …