Expropriation Effects on Residential Communities
Context, Criteria & Consequences of Expropriation, 2016, Forthcoming
34 Pages Posted: 7 Aug 2015
Date Written: August 5, 2015
This Article suggests that individuals who live in highly cooperative residential communities should — in certain instances — be entitled to additional compensation or other remedies when their property is taken through eminent domain. The exclusive takings remedy of monetary compensation equal to the fair market value of the property cannot always account for loss of communality. This Article offers guidelines for allocation of additional remedies (monetary and in-kind) that recognize such loss.
Keywords: Property Law, Eminent Domain, Expropriation, Community, Remedies
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