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LEGAL PRECEDENTS IN THE FIELD OF FIXTURES ARE CONFUSING AND OFTEN CONTRADICTORY, LARGELY FOR HISTORICAL REASONS: ORIGINAL CONDEMNATION PROBLEMS DEALT WITH ROADS IN SPARSELY SETTLED FARM AREAS, SO THAT FEW FACTORIES STOOD IN THE WAY OF THE EXTENDING ROAD. ANOTHER DIFFICULTY IS THAT THE LEGAL LANGUAGE HAS BEEN BORROWED FROM THE FIELD OF MORTAGOR--MORTAGEE. A CENTRAL PROBLEM IS THAT OF DEFINITION: WHAT CONSTITUTES A FIXTURE, HOW IS IT RELATED TO THE FUNCTIONING OF THE PROPERTY, HOW IS IT RELATED TO THE VALUE OF THE PROPERTY. THE MOST GENERALLY FOLLOWED PRECEPT TO FIXTURE EVALUATION IS THE SO-CALLED "UNIT RULE," BY WHICH THE FIXTURES ARE "REMOVED" FROM THE PROPERTY FOR SEPARATE VALUATION AND THEN "REPLACED" TO DETERMINE THEIR ENHANCING OR DETRIMENTAL EFFECT ON THE WHOLE PROPERTY. THE RELATION OF FIXTURES TO THE STATE-OF-THE-ART IN THE TECHNOLOGY THEY REPRESENT IS ALSO A FACTOR IN THEIR EVALUATION. IT IS RECOMMENDED THAT MORE ATTENTION BE GIVEN TO THE FIELD OF FIXTURES SO AS TO DETERMINE GENERALLY ACCEPTABLE GUIDELINES AND STANDARDS.

11p

1970

Ninth Annual Workshop on Highway Law

Appraisals; Machinery; Property condemnation; Property values

Finance; Highways; Law

TRIS, TRB

Feb 8 1971 12:00AM

• AN ATTORNEY GENERAL LOOKS AT THE HIGHWAY CONDEMNATION LAW
• CONTROL OF ENCROACHMENTS THROUGH THE COMMON LAW THEORY OF NUISANCES
• CURRENT STATUS AND OUTLOOK FOR BEAUTIFICATION
• ENVIRONMENTAL ISSUES IN HIGHWAY LAW
• EQUAL EMPLOYMENT OPPORTUNITY AND THE PHILADELPHIA PLAN
• FIRST-HAND REPORT PREPARED FOR THE NINTH ANNUAL WORKSHOP ON HIGHWAY LAW
• OPERATIONAL PROBLEMS IN RELOCATION ASSISTANCE