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Property Law and Real Estate

University of Miami Law School

Journal

Property

Publication Year

Articles 1 - 10 of 10

Full-Text Articles in Law

What’S Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence, Timothy M. Harris Oct 2023

What’S Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence, Timothy M. Harris

University of Miami Law Review

In Cedar Point Nursery v. Hassid, the U.S. Supreme Court unnecessarily expanded the Fifth Amendment’s Takings Clause. In doing so, the Court veered away from established precedent and overturned prior case law—without expressly admitting to doing so.

In 2021, the Court held that a California law allowing union organizers to access private property under certain conditions took away a landowner’s right to exclude others and was (apparently) immediately compensable under the Fifth Amendment’s Takings Clause. Prior law had subjected temporary takings to an uncertain, unpopular, and ambiguous balancing test—but the Cedar Point holding turned temporary takings jurisprudence on its head …


Foreword, Kevin Dorse Nov 1986

Foreword, Kevin Dorse

University of Miami Law Review

No abstract provided.


A Last Word On Eminent Domain, Richard A. Epstein Nov 1986

A Last Word On Eminent Domain, Richard A. Epstein

University of Miami Law Review

No abstract provided.


A Reflection On Epstein And His Critics, Ellen Frankel Paul Nov 1986

A Reflection On Epstein And His Critics, Ellen Frankel Paul

University of Miami Law Review

No abstract provided.


An Outline Of Takings, Richard A. Epstein Nov 1986

An Outline Of Takings, Richard A. Epstein

University of Miami Law Review

No abstract provided.


Takings Of Property And Constitutional Serendipity, Larry Alexander Nov 1986

Takings Of Property And Constitutional Serendipity, Larry Alexander

University of Miami Law Review

No abstract provided.


Two Faces Of Liberalism, Cass R. Sunstein Nov 1986

Two Faces Of Liberalism, Cass R. Sunstein

University of Miami Law Review

No abstract provided.


The Malthusian Constitution, Thomas C. Grey Nov 1986

The Malthusian Constitution, Thomas C. Grey

University of Miami Law Review

No abstract provided.


The Consequences Of Conceptualism, Margaret Jane Radin Nov 1986

The Consequences Of Conceptualism, Margaret Jane Radin

University of Miami Law Review

No abstract provided.


Proceedings Of The Conference On Takings Of Property And The Constitution Nov 1986

Proceedings Of The Conference On Takings Of Property And The Constitution

University of Miami Law Review

No abstract provided.