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United States v. 0.073 Acres of Land

United States Court of Appeals for the Fifth Circuit

705 F.3d 540 (2013)

Relevant factsFree

After the government condemned 14 of 58 townhome properties within a residential community, the homeowners' association, which collected assessments from property owners to fund communal services like street maintenance, sought compensation for the resulting increase in each remaining owner's proportional assessment burden, since only 44 properties would remain to fund the same community services.

IssueFree

Whether, under the consequential-loss rule, intangible interests not directly connected with the physical substance of tangible property interests are compensable takings in condemnation proceedings.

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