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An Update on Property Rights Compensation Law for Appraisers.
Journal article

An Update on Property Rights Compensation Law for Appraisers.

Marcus T. Allen and Charles C. Carter
The Appraisal Journal
04-01-2010

Abstract

Recently, state property rights compensation statutes have been enacted by public referendums in Oregon and Arizona. These statutes are the most favorable for property owners and most difficult for government entities. The laws are meant to compensate landowners for enactment of government land use regulations that have the effect of stifling development of property. State compensation laws are necessary, because according to constitutional law, just compensation for a regulatory taking only applies when the land use regulation has the effect of making the property practically valueless. While state laws enacted earlier remain relatively straightforward, the recent Oregon and Arizona laws may cause trouble for appraisers in determining value diminution due to land regulation.
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