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Record W1178932211

Dissolving Condominium, Private Takings, and the Nature of Property

2015· article· en· W1178932211 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

affAt least one author lists a Canadian institution in the pinned OpenAlex snapshot.

Bibliographic record

VenueeYLS (Yale Law School) · 2015
Typearticle
Languageen
FieldSocial Sciences
TopicProperty Rights and Legal Doctrine
Canadian institutionsUniversity of British Columbia
Fundersnot available
KeywordsLegislationProperty (philosophy)LegislatureLawOrder (exchange)Law and economicsProperty rightsProperty lawPrivate propertyPolitical scienceBusinessSociologyFinance
DOInot available

Abstract

fetched live from OpenAlex

Condominium enables the subdivision of buildings into multiple private titles. It does so by combining individual titles with an undivided share of common property, a right to participate in governing the property, and an obligation to contribute to its maintenance. The dissolution of condominium breaks apart this package of rights and responsibilities, and results in the termination of the individual titles. Some common law jurisdictions require the unanimous consent of title holders to dissolve condominium, others permit it with a supermajority vote. All jurisdictions allow for non-consensual dissolution, and thus the termination of titles without consent, with a court order. This paper reviews dissolution rules and reform efforts in several common law jurisdictions and then uses the condominium legislation and case law from British Columbia to argue that non-consensual dissolution of condominium, whether by supermajority vote or court order, should be understood as private takings. However, the purpose of this characterization is not to advocate for a unanimity or a supermajority rule. Instead, this paper uses the takings literature to reveal that the legislative choice between dissolution rules, and the judicial choice between ordering or declining to order the dissolution of condominium, is also a choice between different conceptions of property and of what property is for. Finally, the paper argues that the growing prevalence of condominium as a form of ownership, and its capacity to reflect broader tensions in ownership regimes between individual and community, suggest that the nature of property within condominium is increasingly important in constructing the nature of property in land.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.986
Threshold uncertainty score0.994

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.001
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.023
GPT teacher head0.278
Teacher spread0.255 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it