PS5_answers - Legal Studies 145 - Law and Economics I...

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Legal Studies 145 - Law and Economics I Answers to P ROBLEM S ET #5 1. This problem is based on an actual case, U.S. v. Causby . The farmer successfully brought suit using a physical invasion theory. I would agree that there is a physical invasion because among the bundle of property rights associated with land is the right to control the air space above one's property. 100 feet seems to be a reasonable limit for that property right. 2. Not necessarily. The market value of the land depends on what other prospective buyers are willing to pay. Suppose the land is almost exactly as valuable if used to grow apples, which are not bothered by low flying jets. In this case the land value does not diminish. If, however, there is no alternative use of the land that is of comparable value and is unaffected by jets, then the land value will be diminished. 3. This depends. Was it reasonable for the farmer to expect that there would not be jet overflights? Maybe the overflights were occurring before she bought the land. Also, do
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This homework help was uploaded on 04/16/2008 for the course LEGALST 145 taught by Professor Rubenfield during the Spring '08 term at University of California, Berkeley.

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PS5_answers - Legal Studies 145 - Law and Economics I...

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