00148915

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The suggestion is made that the common law tests of when trade fixtures and equipment became a part of the realty, for purposes inter alia, or a mortgagor-mortgagee, lessor-lessee, or a buyer-seller relationship, have limited application to when it is claimed that such fixtures were, or were not condemned. The common law and cases involving annexation, adaptation, and intention are discussed, and a table is used to explain modern fixture appraisal. Cases of condemnation of an owner's fixtures and condemnation of a tenant's fixtures are reviewed. Discussion of the measure of damages focuses on enhancement of value and the unit rule. The common law tests for the determination of fixtures attempted to resolve conflicting status claims in disputed items of property. Nevertheless the same tests have been applied in condemnation proceedings. The modern fixture appraisal determines the economic consequences arising because of a condemnation to machinery, equipment, and fixtures. The test whether an owners fixtures have been condemned as part of the real estate should be whether the fixtures will loose substantially all of their value on removal from the condemned premises. The test, whether a tenants fixtures which have been condemned will loose substantially, is determined on a similar basis.

A supplement to this paper by J.C. Vance was published in Addendum 3, December 1982, pp 660-S1 through 660-S10.

English

p. 615-659

1976

Selected Studies in Highway Law

Appendices (1) ; Tables (1)

Laws; Machinery; Ownership; Present value; Property condemnation; Tenants

Values

Highways; Law

TRIS, TRB

Aug 28 1998 12:00AM

• ADVANCE ACQUISITION OF HIGHWAY RIGHTS-OF-WAY
• JOINT DEVELOPMENT UNDER THE MODEL AIRSPACE ACT
• LIABILITY FOR HIGHWAY DRAINAGE DAMAGES
• SUPPLEMENTAL CONDEMNATION: A DISCUSSION OF THE PRINCIPLES OF EXCESS AND SUBSTITUTE CONDEMNATION
• THEORY AND PRACTICE IN INVERSE CONDEMNATION FOR FIVE REPRESENTATIVE STATES
• VALUATION AND CONDEMNATION OF ADVERTISING SIGNS AND RELATED PROPERTY INTERESTS UNDER THE HIGHWAY BEAUTIFICATION ACT
• VALUATION CHANGES RESULTING FROM INFLUENCE OF PUBLIC IMPROVEMENTS
• VALUATION IN EMINENT DOMAIN AS AFFECTED BY RECOGNITION OF BENEFITS TO REMAINDER PROPERTY
• VALUATION IN EMINENT DOMAIN AS AFFECTED BY ZONING
• VALUATION OF AIRSPACE