1. introduction: the power of legislature to allocate wealth


The Impact of Government Activity on Value



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2. The Impact of Government Activity on Value

            1. Can we ask a higher price where a government project will raise the value of our property? NO

            2. Can we claim damages when a government project will trash our property's value? YES

            3. At what point in project's development is our value frozen with regard to valuation requirement? When government becomes committed.

  • BASIC RULES:

    1. Condemnee does not get enhanced value resulting from the government project

    2. Determine what part of the enhancement of value is because of the project by looking at the date that the government became committed to the project and any enhancement of value after that date the condemnee doesn’t get

    3. Date of commitment is a question of fact



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upload documents -> Property with Professor Vicki Been
upload documents -> Property Outline – Professor Upham, Spring 2000
upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
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