When Bad Things Happen to Good PropertyWhen Bad Things Happen to Good Property features a review of economics and theory of real estate environmental damages, empirical results from peer-reviewed literature, and legal outcomes of environmental contamination litigation in the United States. It also includes chapters written by plaintiff and defense lawyers on litigating environmental cases and addresses the role of the real estate expert. In addition, the book analyzes outcomes with respect to frequency of lawsuit activity, evaluates litigious approaches for multiple damages cases, and discusses the plight of the small claims plaintiff. It concludes with a review of a number of case studies of actual toxic tort cases. When Bad Things Happen to Good Property is packed with various tables, figures, appendices, as well as a very large reference table (the BIG MATRIX) that assists residential property owners (exposed to different types of contamination) and their attorneys find out what kind of damages may be typical when contamination has effected property values. |
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Contents
Economic Theory Behind Real Estate | 11 |
Real Estate Theory | 31 |
PeerReviewed Evidence on Property Value | 63 |
A MetaAnalysis of the Effect of Environmental | 113 |
Valuation of Impaired Property | 135 |
Activities Typically Undertaken by the Real | 159 |
Environmental Contamination Treatise | 181 |
Case Evaluation | 182 |
Property Damage Versus Personal Injury | 261 |
What to Look for and Where to Look | 262 |
Discovery Misuse and Abuse | 264 |
Of Lobbying and Being Lobbied | 267 |
Conclusion | 268 |
Managing Environmental Exposure Claims The Defense Perspective I Introduction | 281 |
Context and Preconceptions | 282 |
Conclusion | 303 |
Class Certification | 193 |
Discovery | 199 |
Expert Witnesses | 202 |
Damages | 204 |
Settlement | 207 |
Conclusion | 210 |
Legal Background to OffSite Contamination I Introduction | 213 |
Trespass | 215 |
Strict Liability | 216 |
ThirdParty Damages | 217 |
Revolving Fund | 218 |
Cleanups | 220 |
CWAandOPA | 225 |
OPA | 226 |
Treatment Storage and Disposal Facilities | 227 |
LUSTs | 228 |
States and Superfund | 229 |
Conclusion | 231 |
An Analysis of Toxic Tort Property Cases Filed and Their Outcomes I Introduction | 233 |
Filling in Missing Data | 234 |
Results | 237 |
Conclusion | 241 |
The Preparation and Trial of an Environmental Contamination Case The Plaintiffs Perspective I Introduction | 253 |
Causes of Action and Venue | 256 |
Selection and Use | 258 |
Synthesis and Conclusions Chapter 13 Legal Outcomes in the Context of Academic Literature I Introduction | 307 |
Legal Data on Case Outcomes | 308 |
Reconciling Pollution Categories for Analysis | 309 |
Caveats of This Analysis | 312 |
Conclusion | 314 |
The Class Action Model Is It Working? Justice for the Lonely Pollutee I Introduction | 315 |
Class Action Fairness Act | 316 |
Economics of Case Selection Revisited | 318 |
Predictive Regression | 320 |
Tests of Predictive Reliability Using the OutlierFree Model | 322 |
Applying the OutlierFree Model to New Data | 327 |
Applying the Predictive Model to a Larger Data Set | 329 |
The BIG MATRIX | 330 |
Application of the BIG MATRIX to Specific Property | 331 |
Conclusion | 333 |
Conclusions and New Directions for Polluters and Pollutees I Introduction | 337 |
General Observations | 340 |
Policy Implications | 341 |
Recommendations for Potential Plaintiffs | 342 |
Recommendations for Attorneys | 343 |
Conclusion | 344 |
Case Studies Case Studies | 347 |
List of Acronyms | 379 |
Common terms and phrases
air pollution amount Appraisal asbestos attorneys average awards Bill Mundy brownfield bundle of rights chapter claims class action cleanup contaminated property contamination on property contingent valuation costs counsel court defendant discount discovery ECON economic environmental contamination erty estimate expert factors federal fees financing groundwater hazardous substances hazardous waste hedonic regression analysis homes House Prices impact issues jury land landfill leaking liability litigation located LUSTs market value methodology miles mold Mundy negative nuclear nuisance oil spill outcomes parties peer-reviewed peer-reviewed literature pipeline plaintiffs plant predictive prop property damage property owners proximity Real Est real estate real estate trends remediation residential property values risk sales price seller settlement significant Simons statistical stigma strict liability Superfund supra note tamination technique theory tion toxic mold toxic tort trial type of contamination typically urban valuation value loss variable verdict
Bibliographic information
| Title | When Bad Things Happen to Good Property |
| Author | Robert A. Simons |
| Editor | Robert A. Simons |
| Edition | illustrated, reprint |
| Publisher | Environmental Law Institute, 2006 |
| ISBN | 158576101X, 9781585761012 |
| Length | 380 pages |
| Subjects | › Law / Environmental |
| Export Citation | BiBTeX EndNote RefMan |