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Full-Text Articles in Law
A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk
A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk
St. Mary's Law Journal
No abstract provided.
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
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. …
There Is No Abandonment Of An Easement Taken By Eminent Domain Unless There Is An Intention To Abandon The Easement Prior To The Taking By Eminent Domain; Therefore The Easement Owner At The Time Of Taking Is Entitled To The Award., J. M. Holbrook
St. Mary's Law Journal
There is no Abandonment of an easement taken by eminent domain unless there is an intention to abandon the easement prior to the taking by eminent domain; therefore, the easement owner at the time of taking is entitled to the award. This article seeks to illuminate the issue surrounding the governments, extraordinary and dangerous power, eminent domain, and a private person's right to compensation upon the government "taking" their easement. In the case San Antonio v. Ruble, Petitioner contended that the landowner's easement had been abandoned, because the intent to abandon was manifested by the transfer of the easement to …