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Still An Issue: The Taking Issue At 40, Patricia E. Salkin Jun 2014

Still An Issue: The Taking Issue At 40, Patricia E. Salkin

Patricia E. Salkin

In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners” (The Takings Issue), the Council on Environmental Quality’s seminal report by Fred Bosselman, David Callies and John Banta. For this symposium Touro Law Review assembled some of today’s leading luminaries to reflect on how the taking issue has evolved and to assess where …


U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin May 2013

U.S. Supreme Court Hands Two Big Wins To Municipal Governments In 2001-2002 Term, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin May 2013

2002 U.S. Supreme Court Term Includes Zoning Referendum Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin May 2013

Michigan Supreme Court Overturns Landmark Eminent Domain Case, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin Jul 2012

Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin

Patricia E. Salkin

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible“public use” under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain.This article surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.