Expropriation Effects on Residential Communities

Context, Criteria & Consequences of Expropriation, 2016, Forthcoming

34 Pages Posted: 7 Aug 2015

See all articles by Shai Stern

Shai Stern

Bar-Ilan University - Faculty of Law

Date Written: August 5, 2015

Abstract

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

Suggested Citation

Stern, Shai, Expropriation Effects on Residential Communities (August 5, 2015). Context, Criteria & Consequences of Expropriation, 2016, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2640161

Shai Stern (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel

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