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Full-Text Articles in Torts
The Conversion Of Intangible Property: Bursting The Ancient Trover Bottle With New Wine, Val D. Ricks
The Conversion Of Intangible Property: Bursting The Ancient Trover Bottle With New Wine, Val D. Ricks
BYU Law Review
No abstract provided.
The Price Of Beauty: An Economic Approach To Aesthetic Nuisance, George P. Smith Ii, Griffin W. Fernandez
The Price Of Beauty: An Economic Approach To Aesthetic Nuisance, George P. Smith Ii, Griffin W. Fernandez
Scholarly Articles
This Article advocates a wider judicial recognition of nuisance actions based on aesthetic considerations. Contrary to the majority of legal opinion to the contrary, it is argued that a right to enjoy property should include a right to be free from non-invasive aesthetic or visual nuisances. With modern real estate appraisal methods making it possible to express community aesthetic preferences in monetary terms, courts are now no longer prevented from using these tools in assessing injuries to real estate. Thus, determinations of aesthetic nuisance actions are not any more subjective than the current task of courts in the context of …