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Articles 1 - 30 of 72
Full-Text Articles in Entire DC Network
A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren
A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren
William & Mary Bill of Rights Journal
In part, the Fifth Amendment to the Constitution holds that “no person . . . shall [have their] private property . . . taken for public use, without just compensation.” In Cedar Point Nursery v. Hassid, the U.S. Supreme Court ruled that “a California regulation that permits union organizers to enter the property of agricultural business to talk with employees about supporting a union is unconstitutional.” The purpose of this Note is to discuss what Cedar Point Nursery means generally for the future of Takings Clause analysis and will argue that Cedar Point Nursery should be seen as a …
Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas
Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas
William & Mary Bill of Rights Journal
Desperate times may breed desperate measures, but when do desperate measures undertaken as a response to an emergency trigger the Fifth Amendment’s requirement that the government provides just compensation when it takes private property for public use? The answer to that question has commonly been posed as a choice between the “police power”—a sovereign government’s power to regulate property’s use in order to further the public health, safety, and welfare—and the eminent domain power, the authority to seize private property for public use with the corresponding requirement to pay compensation. But that should not be the question. After all, emergencies …
Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus
William & Mary Environmental Law and Policy Review
No abstract provided.
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
William & Mary Environmental Law and Policy Review
No abstract provided.
A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
William & Mary Law Review Online
Conveying property in Appalachia can be somewhat like a box of chocolates: “You never know what you’re gonna get.” Carved by ancient rivers and winding streams, the seemingly never-ending “hollers” and hills of Appalachia can disorient even the best navigator. Couple the region’s rugged topography with an already ambiguous demarcation system, and properties once mapped by metes and bounds descriptions become impossible to re-create with any sort of certainty. Thus, though rooted in a desire for clarity, the combination of mountainous terrain and imperfect demarcation results in a property system riddled with ambiguity. Due to this inherent definitional problem in …
Brigham-Kanner Property Rights Journal, Volume 8, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 8, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Federalism Dimension of Constitutional Property
October 4-5, 2018
Panel 1: The Federalism Dimension of Constitutional Property: A Tribute to Sterk
Panel 2: Background Principles of Common Law and Constitutional Property
Lunch Roundtable: Other Emerging Issues in Constitutional Protection of Property
Panel 4: The Constitutionality of Land Use Exactions
Contributing Author (Reveley)
Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton
Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton
William & Mary Bill of Rights Journal
No abstract provided.
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Future of Regulatory Takings
October 12-13, 2017
Panel 1: The Future of Land Use Regulation: A Tribute to Callies
Panel 3: Property Rights in Water
Panel 4: The Denominator Problem and Other Emerging Issues in the Regulatory Takings Field
The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, Timothy D. Watson
William & Mary Business Law Review
In recent years, the Episcopal Church in the United States has seen a spate of parishes leaving the Church. Many of these departing parishes have attempted to take property with them as they leave and continue to operate independently or realign themselves with a different denomination. The Episcopal Church maintains that this property is held by the parishes on behalf of the national Church, and has generally been successful in obtaining a return of the property through legal action. In deciding these suits, state courts have skirted carefully around the contours of ecclesiastical questions; many state courts, following the Supreme …
Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Role of Property in Secure Societies
October 19-21, 2016
Panel 1: Land Titling, Inclusion, and the Role of Property Rights in Secure Socities
Panel 3: Property's Role in the Fundamental Political Structure of Nations
Panel 5: Eminent Domain and Expropriations as Wealth Redistribution Tools
Panel 6: Defining and Protecting Property Rights in Intangible Assets
Panel 7: Rising Seas and Private Property: Advocates and Academics Debate Format
Panel 8: Property Rights as Defined and Protected by International Courts
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
William & Mary Law Review
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground”—in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions over the period 1979 through 2012, attempts to fill that void.
This study establishes that the Supreme Court’s categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …
Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone
Real Bite: Legal Realism And Meaningful Rational Basis In Dog Law And Beyond, Ann L. Schiavone
William & Mary Bill of Rights Journal
No abstract provided.
Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond
Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond
William & Mary Environmental Law and Policy Review
Developers of onshore, utility-scale wind farms seek to purchase or lease parcels on which commercial wind turbines will be sited, carefully selecting each particular parcel based on its access to high wind speeds and unobstructed wind flowing across it in the free stream. Accordingly, a wind farm developer’s purchase or lease of a tract of land generally entails a large monetary investment and carries with it an investment-backed expectation that such land will be used for its originally intended purpose. Wind wakes, which disrupt the wind velocity in the free stream, cause downwind turbines to encounter diminished wind speeds and …
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Journal
Property as a Form of Governance
October 1-2, 2015
Panel 1: Property as a Form of Governance
Panel 3: Of Pipelines, Drilling, & the Use of Eminent Domain
Panel 4: Property Rights in the Digital Age
Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School
Brigham-Kanner Property Rights Journal
Defining the Reach of Property
October 30-31, 2014
Panel 1: The Role of the Advocate in Defining Property
Panel 3: Balancing Private Property and Community Rights
Panel 4: Property Rights in Developing and Transitional Countries
Panel 3 Q&A: Discussion on Balancing Private Property and Community Rights
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
William & Mary Environmental Law and Policy Review
This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.
Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …
Brigham-Kanner Property Rights Conference Journal, Volume 3, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 3, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Essence of Property
October 17-18, 2013
Panel 1: The Impact of a Leading Property Scholar: Defining the Essence of Property
Panel 2: Promoting Government Forbearance
Roundtable Panel: Implications of the Court's Recent Takings Cases
Panel 4: Property Rights in Times of Transition
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
William & Mary Law Review
First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Journal
Interdisciplinary Perspectives on Property
October 11-12, 2012
Panel 1: The Impact of a Leading Property Scholar
Panel 3: Property Rights in Times of Economic Crisis
Panel 4: Property's Moral Dimension
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
William & Mary Law Review
Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.
In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Journal
Comparative Property Rights
October 14-15, 2011
Panel 1: Legal Protection of Property Rights: A Comparative Look
Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions
Panel 3: Property as an Instrument of Social Policy
Panel 4: Culture and Property
Panel 5: Property as an Economic Institution
Panel 6: Property Rights and the Environment
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
William & Mary Bill of Rights Journal
During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
William & Mary Environmental Law and Policy Review
No abstract provided.
The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson
The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy
A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
Response, Carol M. Rose
Response, Carol M. Rose
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
Rose's Human Nature Of Property, Henry E. Smith
Rose's Human Nature Of Property, Henry E. Smith
William & Mary Bill of Rights Journal
Presented at the 2010 Brigham-Kanner Property Rights Conference.
Government Property And Government Speech, Joseph Blocher
Government Property And Government Speech, Joseph Blocher
William & Mary Law Review
The relationship between property and speech is close, but complicated. Speakers use places and things to deliver their messages, and rely on property rights both to protect expressive acts and to serve as an independent means of expression. And yet courts and scholars have struggled to make sense of the property-speech connection. Is property merely a means of expression, or can it be expressive in and of itself? And what kind of “property” do speakers need to have—physical things, bundles of rights, or something else entirely?
In the context of government property and government speech, the ill-defined relationship between property …
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.