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Constitutional Law

Pepperdine University

Journal

Eminent domain

Articles 1 - 10 of 10

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Property Convergence In Takings Law, Maureen E. Brady Mar 2021

Property Convergence In Takings Law, Maureen E. Brady

Pepperdine Law Review

Although one of the key questions in a federal system is how authority should be allocated between the state and national governments, property law has rarely generated serious controversy on this front. Instead, property entitlements and the rules governing resource use have typically been the province of state and local actors. The Supreme Court has repeatedly emphasized that property rights are created at the state level. And while federal regulations—for example, environmental regulations—certainly limit property rights, state and local land-use laws and state nuisance and trespass rules serve as major constraints on property’s use and enjoyment. This feature of property …


Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz Apr 2014

Treading Water: Can Municipal Efforts To Condemn Underwater Mortgages Prevail?, Michael S. Moskowitz

Pepperdine Law Review

No abstract provided.


The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman May 2013

The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman

Pepperdine Law Review

No abstract provided.


Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin May 2013

Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin

Pepperdine Law Review

No abstract provided.


Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley Apr 2013

Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle Jan 2013

Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle

Pepperdine Law Review

No abstract provided.


Unconstitutional Regulatory Seizures Under The Federal Deposit Insurance Corporation Improvement Act Of 1991: The Final Blow To The Business Of National Banks , Craig Boyd Garner Nov 2012

Unconstitutional Regulatory Seizures Under The Federal Deposit Insurance Corporation Improvement Act Of 1991: The Final Blow To The Business Of National Banks , Craig Boyd Garner

Pepperdine Law Review

No abstract provided.


Taking The Wind Out Of The Government's Sails?: Forfeitures And Just Compensation, J. Kelly Strader Oct 2012

Taking The Wind Out Of The Government's Sails?: Forfeitures And Just Compensation, J. Kelly Strader

Pepperdine Law Review

No abstract provided.


Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle Apr 2012

Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle

Pepperdine Law Review

No abstract provided.


The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner Mar 2012

The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner

Pepperdine Law Review

No abstract provided.