Eve and Frank own twenty acres of land on which there is a warehouse surrounded by a fence. What is the most important factor in determining whether the fence is a fixture?
If all the aforementioned factors still make the determination of whether the fence is a fixture or not, then we can look at the relative cost of the fence with the value of the warehouse and land. [ The higher the cost the more likely the fence is permanent in nature and intended to be a fixture. Even the height of the fence can play a role here. The higher more massive the fence is the more likely that the fence will be considered a fixture. This determination of whether it is a fixture or not is critical to determine if property is to be partitioned between Eve and Frank.
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] Auto answered|Score 1|Alinail|Points 100|User:
Sam owns an acre of land on Red River. The government dams the river. A lake forms behind the dam, covering Sam's land. Does the government owe Sam anything?
If so, what? If not, why?
Yes, The Takings Clause of the Fifth Amendment of the US Constitution has been held to require "just compensation" for the taking of private property by the government, [ typically measured as "the market value of the property at the time of the taking".
The government can take private property for public use (a ?taking?), but it cannot do so, under the Fifth Amendment to the Constitution, without paying the property owner just compensation. In some cases, to obtain title, a condemnation proceeding is brought before the property is taken. In a separate proceeding, a court determines the property?s fair value (usually market value) to be paid to the owner. ] Auto answered|Score 1|bonaxle|Points 345|
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