Carlson v. Westoff’s Empirical Analysis
2000
Citation profile
2
cited by 2 later decisions
1
states following
March 2003
most recently cited
2 state decisions
Relationships
Relies on Searcy v. State Highway Commission · Mettee v. Urban Renewal Agency · Small v. Kemp · Stewart v. Marland Pipe Line Co. · Mettee v. Kemp
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““(a) Necessity. Private property shall not be taken or damaged for public use without just compensation. “(b) Taking entire tract. If the entire tract of land or interest in such land is taken, the measure of compensation is the fair market value of the property or interest at die time of dre taking. “(c) Partial taking. If only a part of a tract of land or interest is taken, the compensation and measure of damages is the difference between the fair market value of the entire property or interest immediately before the taking, and the value of that portion of the tract or interest remaining immediately after the taking. “(d) Factors to be considered. In ascertaining the amount of compensation and damages, the following nonexclusive list of factors shall be considered if such factors are shown to exist. Such factors are not to be considered as separate items of damages, but are to be considered only as they affect the total compensation and damage under the provisions of subsections (b) and (c) of this section. Such factors are: (1) The most advantageous use to which the property is reasonably adaptable. (2) Access to the property remaining. (3) Appearance of the property remaining, if appearance is an element of value in connection with any use for which the property is reasonably adaptable. (4) Productivity, convenience, use to be made of the property taken, or use of the property remaining. (5) View, ventilation and light, to the extent that they are beneficial attributes t”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.