Open Access. Powered by Scholars. Published by Universities.®

Property Law and Real Estate Commons™

Open Access. Powered by Scholars. Published by Universities.®

Eminent Domain

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 61 - 90 of 92

Full-Text Articles in Property Law and Real Estate

Property, W. Wade Berryhill Jul 1986

Property, W. Wade Berryhill

Law Faculty Publications

The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention …


Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith Jun 1986

Eminent Domain As A Tool To Set Up Employee-Owned Businesses In The Face Of Shutdowns, Keith J. Smith

Antioch Law Journal

In recent years there has been a tremendous increase in the number of worker-owned businesses, with more than 2,000 in existence today.'Studies show that part of the reason for this increase is their success: employee-owned businesses are more productive, 2 create more jobs,3 and grow faster than comparable non-employee owned companies.4 One factor that has contributed to the growth of worker-owned businesses has been plant shutdowns. Today corporations are able to relocate around the world in order to maximize profits.5 As a result, the Northeast and the Midwest alone lost an estimated 900,000 jobs during the 1970s from plant shutdowns.6 …


Searching For The Status Quo, Jeremy Paul Jan 1986

Searching For The Status Quo, Jeremy Paul

Cardozo Law Review

No abstract provided.


Constitutional Review Of State Eminent Domain Legislation: Hawaii Housing Authority V. Midkiff, Stuart P. Kastner Jan 1985

Constitutional Review Of State Eminent Domain Legislation: Hawaii Housing Authority V. Midkiff, Stuart P. Kastner

Seattle University Law Review

The State of Hawaii has a unique land ownership problem directly affecting many of the state's homeowners: a handful of people own a large percentage of the land available for residential housing." Consequently, a significant proportion of homeowners rent, under long-term leases, the land on which their homes are built. In 1967 the Hawaii legislature took action to break up this concentration of ownership by enacting the Land Reform Act. The legislature declared that such ownership was a threat to the health, safety, and welfare of Hawaii's citizens because of its significant contribution to the spiraling inflation of land values. …


The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone Jan 1985

The Future Of Transferable Development Rights In The Supreme Court, Linda A. Malone

Faculty Publications

No abstract provided.


Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie Jan 1984

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …


Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens May 1983

Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens

William & Mary Law Review

No abstract provided.


The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey Apr 1983

The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey

William & Mary Law Review

No abstract provided.


Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi Apr 1979

Eminent Domain In Indiana: 1816-1865, Louis L. Hegyi

Indiana Law Journal

No abstract provided.


United States V. 564.64 Arces Of Land, More Or Less, Situated In Monroe And Pike Counties, Pennsylvania, Lewis F. Powell Jr. Oct 1978

United States V. 564.64 Arces Of Land, More Or Less, Situated In Monroe And Pike Counties, Pennsylvania, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb Jan 1978

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review (1956 - )

No abstract provided.


Eminent Domain: A Legislative Proposal For The Reimbursement Of Condemnees' Attorney's Fees, Byron L. Myers Jul 1977

Eminent Domain: A Legislative Proposal For The Reimbursement Of Condemnees' Attorney's Fees, Byron L. Myers

Indiana Law Journal

No abstract provided.


Regulation Of Conduct In Relation To Land - The Need To Purge Natural Law Constraints From The Fourteenth Amendment, John E. Donaldson Dec 1974

Regulation Of Conduct In Relation To Land - The Need To Purge Natural Law Constraints From The Fourteenth Amendment, John E. Donaldson

William & Mary Law Review

No abstract provided.


The Effect Of Condemnation Proceedings By Eminent Domain Upon A Possibility Of Reverter Or Power Of Termination, Robert A. Kargen Jan 1973

The Effect Of Condemnation Proceedings By Eminent Domain Upon A Possibility Of Reverter Or Power Of Termination, Robert A. Kargen

Villanova Law Review (1956 - )

No abstract provided.


Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures Dec 1972

Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures

William & Mary Law Review

No abstract provided.


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. …


Valuation And Condemnation Problems Involving Trade Fixtures, Edward L. Snitzer Jan 1971

Valuation And Condemnation Problems Involving Trade Fixtures, Edward L. Snitzer

Villanova Law Review (1956 - )

No abstract provided.


Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard Jan 1971

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review (1956 - )

No abstract provided.


Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez Jan 1971

Due Process And Pollution: The Right To A Remedy, Ferdinand F. Fernandez

Villanova Law Review (1956 - )

No abstract provided.


The Sst And Inverse Condemnation, Jerome Neil Kline Jan 1970

The Sst And Inverse Condemnation, Jerome Neil Kline

Villanova Law Review (1956 - )

No abstract provided.


Eminent Domain--Is Noise And Element Of Damage?, Charles Quincy Gage Feb 1969

Eminent Domain--Is Noise And Element Of Damage?, Charles Quincy Gage

West Virginia Law Review

No abstract provided.


Eminent Domain--Just Compensation For Fast Land, Robert Mason Steptoe Jr. Dec 1968

Eminent Domain--Just Compensation For Fast Land, Robert Mason Steptoe Jr.

West Virginia Law Review

No abstract provided.


Mandamus--Eminent Domain, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr. Feb 1968

Mandamus--Eminent Domain, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.

West Virginia Law Review

No abstract provided.


Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer Jan 1964

Slicing The Condemnation Pie: Compensable Interests Under Eminent Domain In Pennsylvania, Edward L. Snitzer

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert Jan 1963

Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert

William & Mary Law Review

No abstract provided.


Abstracts Of Recent Cases, James Kilgore Edmundson Jr. Dec 1961

Abstracts Of Recent Cases, James Kilgore Edmundson Jr.

West Virginia Law Review

No abstract provided.


Real Property - Eminent Domain - Time For Fixing Damages - Super-Highway Construction, Neale F. Hooley Jan 1956

Real Property - Eminent Domain - Time For Fixing Damages - Super-Highway Construction, Neale F. Hooley

Villanova Law Review (1956 - )

No abstract provided.


Eminent Domain: Intergovernmental Conflicts Jan 1954

Eminent Domain: Intergovernmental Conflicts

Indiana Law Journal

No abstract provided.


Eminent Domain Jul 1947

Eminent Domain

Indiana Law Journal

Indiana Legislation, 1947


Constitutional Law--Eminent Domain-Public Use Jan 1935

Constitutional Law--Eminent Domain-Public Use

Indiana Law Journal

No abstract provided.