Eminent domain compensation in the Western states: a critique of the fair market value model

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Publication Type Journal Article
School or College College of Law; College of Humanities; School of Medicine; College of Social & Behavioral Science
Department Political Science; Internal Medicine; Law; Philosophy
Creator Francis, Leslie
Title Eminent domain compensation in the Western states: a critique of the fair market value model
Date 2006-06-16
Description Both the United States Constitution and the constitutions of the states of the intermountain west and the Pacific Coast prohibit the state from taking property without paying just compensation. Thus, there are two basic issues in any eminent domain case. First, has governmental interference with property become extensive enough to constitute a taking that requires compensation? Second, how much and what kind of compensation ought to be paid? Much has been written on the first issue, but the second has received very little attention. This article is an attempt to remedy the gap with respect to eminent domain compensation in the western states.
Type Text
Publisher Utah Law Review
First Page 429
Last Page 484
Subject Eminent domain; Compensation; Governmental interference; Fair Market Value
Subject LCSH Eminent domain; Land use; Fair value
Language eng
Bibliographic Citation Francis, L.P. (1984). Eminent Domain Compensation in the Western States: a critique of the Fair Market Value Model. Utah Law Review, 1984, 429-84.
Rights Management (c)1984
Format Medium application/pdf
Format Extent 3,264,875 bytes
Identifier ir-main,151
ARK ark:/87278/s6gq7gfc
Setname ir_uspace
Date Created 2012-06-13
Date Modified 2012-06-13
ID 707490
Reference URL https://collections.lib.utah.edu/ark:/87278/s6gq7gfc
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