Book Description

The common law test for the determination of fixtures; intent, adaptability, and annexation; attempted to resolve conflicting status claims in disputed items of property. The same tests were applied in condemnation proceedings, where the issue is not which party should prevail, but which party should bear the economic consequences arising because of the condemnation. A test is presented for compensability of trade fixtures that is dependent not solely on whether such fixtures were intended to become part of the realty and were affixed and adapted thereto, but whether such fixtures were condemned because modern appraisal techniques would indicate it to be a denial of just compensation to hold otherwise. All appellate trade fixture cases as well as pertinent legal and appraisal articles in manuscripts were reviewed.