PSEUDO-PROTECTION OF THE PROPERTY IN RATE CASES

Authors

Abstract

It is clear that in ascertaining the present value we are not limited to the consideration of the actual investment. If that has been reckless or improvident, losses may be sustained which the community does not underwrite. As the company may not be protected in its actual investment, if the value of its property be plainly less, so the making of a just return for the use of the property involves the recognition of its fair value if it be more than its cost. The property is held in private ownership, and it is that property, and not the original cost of it, of which the owner may not be deprived without due process of law.

Recommended Citation

PSEUDO-PROTECTION OF THE PROPERTY IN RATE CASES, 24 Mich. L. Rev. 166 (1925).
Available at: https://repository.law.umich.edu/mlr/vol24/iss2/6