The town of High Grove has adopted a master zoning plan that ...

[j.rubin]

The town of High Grove has adopted a master zoning plan that prohibits manufactured homes within city limits. Which of the following best describes the plan?
 A)As long as the plan promotes the health and welfare of those in the city, it will survive court challenges.
 B)As long as there are residential areas, the prohibition on manufactured homes will survive a court challenge.
 C)The prohibition on all manufactured homes will not survive a court challenge.
 D)Manufactured homes are not real property and are not covered by zoning laws.

Question 2

William and Virginia Britton own a one-acre parcel of land near Detroit's Metropolitan Wayne County Airport. They operate several small industrial businesses in the industrial building located on their land. In 1992, Wayne County began acquiring a total of 550 acres around the airport for expansion purposes. Wayne County offered the Brittons 188,580 for their property. The Brittons disputed the amount for not including the value of their trade fixtures. Listed as trade fixtures were the following: tanks, air compressors, forklifts, scales, storage racks, hose-braiding machines, pipe-threading machinery, hydraulic pumps, grinding machinery, and work tables. It also included such miscellaneous items as a coat tree, an electric clock, a first-aid kit, file cabinets, a refrigerator, a metal folding chair, a flatbed truck, trash drums, and lawn mowers. Should the county be required to compensate the Brittons for these items in a taking of real property?

[huda]

Answer to Question 1

C

Answer to Question 2

Property is fixture for condemnation purposes if it satisfies a three-part test, that is, if it is actually or constructively annexed to realty, its adaptation or application to realty being used is appropriate, and there is intention to make property a permanent accession to realty. The Brittons were entitled to value-in-place for fixtures and for all other property, condemnee was only entitled to moving costs. All of the trade fixtures would not be classified as fixtures for purposes of eminent domain compensation. The moving expenses would be required.

[j.rubin]

TYSM

[ttt030911]

Gracias!