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Full-Text Articles in Law
Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne
Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne
Pepperdine Law Review
This article addresses and reviews the distinctions in purpose and scope between actions for inverse condemnation and petitions for administrative writs, traces the blending of these two very different instruments by the California courts, and shows how this policy has subverted constitutional rights in California.
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.
Ethnic And Racial Minorities, The Indigent, The Elderly, And Eminent Domain: Assessing The Virginia Model Of Reform, Jim Bailey
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Peculiar Circumstances Of Eminent Domain In India, Priya S. Gupta
The Peculiar Circumstances Of Eminent Domain In India, Priya S. Gupta
Osgoode Hall Law Journal
The question of a constitutional property regime governing eminent domain gave rise to nuanced and principled debates in the Constituent Assembly of India, which drafted the Indian Constitution between 1947 and 1950, and in subsequent Parliamentary meetings regarding constitutional amendments. However, these extensive deliberations resulted in a clause that only addressed the most superficial aspects of property rights in India. Similarly, the statutory frameworks that govern state acquisition of land, in particular The Land Acquisition Act, 1894, provide only another part of the puzzle. This paper starts earlier in history-at the inception of eminent domain in India-in order to put …
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.
Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills
Fordham Urban Law Journal
Professor Somin has written an incisive critique of the New York Court of Appeals’ decisions in Kaur and Goldstein, the gist of which is that the Court did not do enough to stop “highly abusive blight condemnations.” There are, however, two difficulties with the critique. First, as a matter of legalistic interpretation of the New York Constitution, the critique is not very persuasive. Second, as a matter of policy, Professor Somin’s proposal is unlikely to be adopted by any judge influenced by the same political process that lead to the condemnations that Professor Somin attacks.