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Full-Text Articles in Law

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson Dec 1972

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson

St. Mary's Law Journal

Abstract Forthcoming.


Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery Dec 1972

Public Housing Authority's Use Of Exculpatory Clause In Lease Agreement Is Not Contrary To Public Policy., Charles Michael Montgomery

St. Mary's Law Journal

Abstract Forthcoming.


Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario Dec 1972

Under A 99-Year Lease, A Lessor, Who Permitted, But Did Not Require, His Lessee To Demolish His Buildings And Construct New Improvements, Was Entitled To A Deductible Demolition Loss Under Section 165 Of The Internal Revenue Code Of 1954., Ron D'Addario

St. Mary's Law Journal

Abstract Forthcoming.


Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan Mar 1972

Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan

St. Mary's Law Journal

This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …