LAW 2804 - Eminent Domain and Real Estate Tax Review
This course explores the Sovereign’s right to acquire private property for public use in eminent domain proceedings, as well as the structure of, and challenges to, real property taxation. The common thread that pulls these two subjects together is the topic of valuation, which is central to each area of law.
The first part of the course will consider historical antecedents and development of takings law, as well as the current state of the law. It will also consider the various valuation approaches employed to ascertain and prove damages (just compensation) incurred by property owners through the appropriation of property in Eminent Domain proceedings.
The second part of the course will consider the process by which owners of real property can challenge local real estate taxes imposed upon their property. The modern system of real property taxation, used to finance local government and schools, will be analyzed primarily from the perspective of the judicial review of real property tax assessments, focusing on the doctrines of inequality, overvaluation, and illegality of assessments. Various approaches to the appraisal of real property for real estate tax purposes will also be discussed and analyzed.
Prerequisites & Notes
a. There are no texts for courses of this nature, so the materials for this course consist of cases, statutes, and readings collated by the professor.
b. The course will be graded on the basis of short assignments during the semester, class participation, and a final examination.
c. This course is suitable to be part of a concentration in real estate.
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