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Property Law and Real Estate

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Selected Works

2019

Regulatory Takings

Articles 1 - 2 of 2

Full-Text Articles in Entire DC Network

The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler Sep 2019

The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler

Lynda L. Butler

In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …


Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades Sep 2019

Drawing The Line Between Taxes And Takings: The Continuous Burdens Principle, And Its Broader Application, Eric Kades

Eric A. Kades

No abstract provided.