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Full-Text Articles in Law

Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin Oct 2006

Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin

William & Mary Law Review

No abstract provided.


Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds Mar 2006

Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds

William & Mary Law Review

In the last several decades, there has been a marked shift in local government financing away from the use of general revenue taxes and toward nontax revenue-raising devices such as exactions. This Article argues that the Supreme Court, in its exaction cases, missed a golden opportunity to slow this troubling trend toward the greater privatization of local government financing. In addition, it explains how the Court's exaction cases are inconsistent with the goal of burden distribution as reflected in the Court's takings jurisprudence. The Article proposes that the constitutional standard applied to exactions be reformulated to account explicitly for burden …