Legal Articles

Tenancy in Common, Joint Tenancy with Right of Survivorship

When property is owned jointly in a tenancy in common, an owner’s heirs receive the owner’s interest in the property when the owner dies. In contrast, when property is owned jointly as a joint tenancy with right of survivorship, the other owners in the joint tenancy proportionally receive the owner’s interest in the property when…

Damages to Real Property, Measure of Damages, Fair Market Value

In cases dealing with damages to real property (e.g., nuisance, trespass, inverse condemnation, etc.), the measure of damages is generally the difference in the (1) fair market value of the property before and after the injury or the (2) cost of restoring the property, whichever is the lesser amount. Farmer’s Mut. Fire Ins. Co. v….

Regulatory Taking, Eminent Domain, Real Property

Both the Missouri and US Constitutions prohibit the “taking” of private property without just compensation. A “taking” can occur in a variety of situations. It is not just when a government seizes possession of property. A “regulatory taking” occurs when a government regulation goes too far. Clay County ex rel. County Com’n v. Harley and…

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