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Full-Text Articles in Law
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
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
Taking The Wind Out Of The Government's Sails?: Forfeitures And Just Compensation, J. Kelly Strader
Pepperdine Law Review
No abstract provided.
Eminent Domain Legislation Post-Kelo: A State Of The States, Patricia E. Salkin
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.
Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle
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
The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner
Pepperdine Law Review
No abstract provided.
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne
The Cathedral Engulfed: Sea-Level Rise, Property Rights, And Time, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
Sea-level rise will require many new initiatives in land use regulation to adapt to unprecedented climate conditions. Such government actions will prompt regulatory and other takings claims, and also will be shaped by apprehension of such claims. This article analyzes the categories of land use regulations and other government initiatives likely to be enacted to adapt to sea-level rise and anticipates the takings claims that may be brought against them. In addition to hard and soft coastal armoring, the article considers regulations intended to force or induce development to retreat from rising waters. Retreat regulations present difficult takings problems, because …