![]() ![]() ![]() Law digest issue 8 spring 2015, Author: Seyi Clement. VAT and licensing requirement on income from renting immovable property. The tax is levied by the governing authority of the jurisdiction in which the property is located. ![]() ![]() As stated in United States v.Ī property tax (or millage tax) is a levy on the value of a property. They were the product of a direct invasion of respondents' domain. United States, supra, the damages were not merely consequential. In this case, as in Portsmouth Harbor Land & Hotel Co. The fact that he does not occupy it in a physical sense- by the erection of buildings and the like- is not material. In requiring compensation, the Court held: The landowner owns at least as much of the space above the ground as we can occupy or use in connection with the land. In some few cases, we find disputes surrounding whether a government action in fact constitutes a physical direct and immediate occupation of land. With certain exceptions, a direct physical occupation, temporary or permanent, represents a taking. This power is limited in the Fifth Amendment to the United States Constitution, and extends to the states under the Due Process Clause of the Fourteenth Amendment. Some states, not the federal government, use the full compensation standard, not the just compensation standard. Instead, the power of eminent domain is a separate and distinct power which allows a government to divest a property owner of utility of such property, but when it does so, it must pay just compensation. Regulatory taking is a situation in which a government regulation limits the uses of private property to such a degree that the regulation effectively deprives the property owners of economically reasonable use or value of their property to such an extent that it deprives them of utility or value of that property, even though the regulation does not formally divest them of title to it. ![]()
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