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A number of private transfer fee covenant laws require the seller to disclose the existence of the transfer fee and, failing to do so, the buyer can recover the difference between the market value of the real property subject to the private transfer fee obligation and the market value of the real property if the real property were not subject ...
Market value is the prevailing, but not exclusive measure of determining the just compensation owed to a landowner under the Fifth Amendment. Fair Market Value is defined by appraisers as the most probable price, in terms of cash that would be paid by a willing buyer to a willing seller, each being fully informed of the property's good and bad features, with the property being exposed on the ...
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
Connecticut state statute that authorizes prejudgment attachment of real estate without prior notice or hearing violated the 14th Amendment right to due process Toibb v. Radloff: 501 U.S. 157 (1991) holding that individual debtors may file for bankruptcy under Chapter 11 of the Bankruptcy Code: McNeil v. Wisconsin: 501 U.S. 171 (1991)
For example, a party suing over a law prohibiting certain types of visual material, may sue because the First Amendment rights of theirs, and others engaged in similar displays, might be damaged. Additionally, third parties who do not have standing may be able to sue under the next friend doctrine if the third party is an infant, mentally ...
(The Center Square) – Whether Illinois should be enjoined from enforcing the state’s gun and magazine ban starting Monday is now up to a federal appeals court. Illinois enacted the Protect ...
Taxes can be confusing. But it's important to understand how real estate and property taxes work, especially if you own land, a home or a vehicle. While many people use the terms interchangeably ...
The Takings Clause may be enforced against the federal government or against states through incorporation of the 5th Amendment through the Fourteenth Amendment. [22] Moreover, inverse condemnation cases may also arise under state constitutions, most of which include a Takings clause which are interpreted similarly to the Takings Clause in the ...