We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
WHY DO WE HAVE THE PARCEL-AS-A-WHOLE RULE?
- Authors
Dana, David A.
- Abstract
The article discusses the reasons why American courts apply a parcel-as-a-whole rule (PAAW) in regulatory takings litigation matters, and it also states that PAAW can also play an important role in determining the applicable diminution in value (DIV) rate for a piece of property. The eminent domain (takings)-related cases Lucas v. South Carolina Coastal Council and Penn Central Transportation Co. v. City of New York are examined, along with the diminution-in-value-of-the-parcel-as-a-whole rule.
- Subjects
UNITED States; COURT rules; REGULATORY takings -- Lawsuits &; claims; VALUATION of real property; LUCAS v. South Carolina Coastal Council; TAKINGS clause (Constitutional law); COURTS; PENN Central Transportation Co. v. City of New York (Supreme Court case); ACTIONS &; defenses (Law)
- Publication
Vermont Law Review, 2015, Vol 39, Issue 3, p617
- ISSN
0145-2908
- Publication type
Article