Whose Property Is It? The Latest on Regulatory Takings

Fall 1999, Vol 24, No 3 Abstract: Who sets the limitation on property development and how far can the limits go? Inherent in the controversy is the interest of state and local governments to exercise land use controls. Limiting the right to exercise these controls is the Constitution’s Fifth Amendment which prohibits the taking of… Read more

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Toxic Tax Assessments: The Ad Valorem Taxation of Contaminated Property

Fall 1999, Vol 24, No 3 Abstract: In tax assessment review proceedings involving contaminated property, taxpayers typically contend that property value is substantially impaired or erased by the presence of environmental contamination. Some taxpayers contend contaminated property has no value even when it is fully usable and the taxpayer is liable for the cleanup. These cases… Read more

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Summation of Evidentiary Rules for Real Estate Experts Mandated by Daubert v. Merrell Dow Pharmaceuticals, Inc. 

Fall 1999, Vol 24, No 3 Abstract: Real estate professionals who are prospective expert witnesses face a new set of rules in gaining admissibility of their evidence and opinion into court. For many years, the credentials of the real estate expert were the primary criterion to qualification as an expert, and a single testimony often “validated”… Read more

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Resolving Real Estate Disputes

Fall 1999, Vol 24, No 3 Abstract: Traditionally, real estate industry disputes rely on negotiation; if negotiation fails, litigation is initiated. This survey article details generic real estate disputes that fit into this common framework. A subsequent examination of negotiation—the core method of conflict resolution—emphasizes a range of strategies, tactics, behaviors, and processes which permeate a… Read more

Intersections Between Real Estate & Telecommunications: Turning Copper Into Gold

Fall 1999, Vol 24, No 3 Abstract: Building owners are in the position today to reap additional income and value from their buildings through the surge in new telecommunications technologies and the demand for access to building tenants and users by an expanding number of telecommunications companies. The intersections between buildings and telecommunications are providing property… Read more

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Focus on the Economy

Fall 1999, Vol 24, No 3 Read More