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Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon
Necessary Change: Re-Calculating Just Compensation For Environmental Benefits, Scott Salmon
Washington and Lee Journal of Energy, Climate, and the Environment
This Note is about the recent New Jersey Supreme Court case, Borough of Harvey Cedars v. Karan, and how other courts should adopt its holding of allowing all reasonably certain and calculable benefits to be considered in determining partial takings just compensation. Furthermore, it addresses the impact that the decision will have on environmental takings and its importance to the future of both property and environmental law.