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Property Law and Real Estate

Washington and Lee University School of Law

Series

Eminent domain

Articles 1 - 3 of 3

Full-Text Articles in Law

Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley Jan 2022

Eminent Domain And Unfettered Discretion: Lessons From A History Of U.S. Territorial Takings, Jill M. Fraley

Scholarly Articles

Eminent domain is a minimal constitutional protection for private property and one that is subject to far more discretion than previously recognized by scholars. This Article traces a novel legal history of land takings within the U.S. Territories, focusing on some of the most egregious and controversial incidents and problematic patterns originating within eminent domain law. Comparing this history to recent research that demonstrates how takings in the States have disproportionately impacted Black communities, this Article articulates three patterns of injustices in takings echoing between Black mainland communities and indigenous communities in the Territories: large-scale federally funded actions, local government …


Hodel V. Irving, Lewis F. Powell Jr. Oct 1986

Hodel V. Irving, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States V. Sioux Nation Of Indians, Lewis F. Powell Jr. Oct 1979

United States V. Sioux Nation Of Indians, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.