Thursday, August 20, 2015
Shai Stern (Bar-Ilan) has posted Expropriation Effects on Residential Communities (Context, Criteria & Consequences of Expropriation) on SSRN. Here's the 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.