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Just Compensation for "Illegal" Residences

March 16, 2009

Analysis of:Property owners seek compensation over illegal Spanish apartments | www.propertywire.com

The threshold questions is: Do the property owners have legal standing to demand just compensation for the Market Value of their residences? Similarly, can the impact (stigma) of their "alleged" illegal status be excluded from consideration in evaluating their individual and/or collective market value? Assuming that both of these questions can be answered affirmatively, then it is a classic case of public taking of private property and just compensation should be the market value of the properties as of the date of determination of the government's right to demolish. Collateral issues could include relocation expenses; cost of substitution; attorney and expert witness fees and costs. Not being familiar with Eminent Domain law in Spain, these would be rather simple issues in the United States. William A. McCann, MAI Real Estate Appraiser

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