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A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren Dec 2022

A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren

William & Mary Bill of Rights Journal

In part, the Fifth Amendment to the Constitution holds that “no person . . . shall [have their] private property . . . taken for public use, without just compensation.” In Cedar Point Nursery v. Hassid, the U.S. Supreme Court ruled that “a California regulation that permits union organizers to enter the property of agricultural business to talk with employees about supporting a union is unconstitutional.” The purpose of this Note is to discuss what Cedar Point Nursery means generally for the future of Takings Clause analysis and will argue that Cedar Point Nursery should be seen as a …


Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas Jul 2021

Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas

William & Mary Bill of Rights Journal

Desperate times may breed desperate measures, but when do desperate measures undertaken as a response to an emergency trigger the Fifth Amendment’s requirement that the government provides just compensation when it takes private property for public use? The answer to that question has commonly been posed as a choice between the “police power”—a sovereign government’s power to regulate property’s use in order to further the public health, safety, and welfare—and the eminent domain power, the authority to seize private property for public use with the corresponding requirement to pay compensation. But that should not be the question. After all, emergencies …


Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton May 2019

Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton

William & Mary Bill of Rights Journal

No abstract provided.


The Superior Solution To The “Denominator Problem” — Comparing The Majority And Dissent’S Property Benchmark Tests In Murr V. Wisconsin With A Focus On Property Owners’ Reasonable Expectations, Rosemary K. Mcguirk Dec 2018

The Superior Solution To The “Denominator Problem” — Comparing The Majority And Dissent’S Property Benchmark Tests In Murr V. Wisconsin With A Focus On Property Owners’ Reasonable Expectations, Rosemary K. Mcguirk

William & Mary Bill of Rights Journal

No abstract provided.


Reverse Exactions, Gregory M. Stein Oct 2017

Reverse Exactions, Gregory M. Stein

William & Mary Bill of Rights Journal

When an owner applies for a permit to use property in a certain way, the government body with jurisdiction can either deny the permit, grant the permit outright, or grant the permit subject to conditions. These conditions—known as “exactions”—must meet two constitutional thresholds. First, there must be a close linkage between a problem the owner’s project will create or exacerbate, such as increased traffic caused by a proposed new shopping mall, and the exaction the government proposes, such as the dedication of land for a new right-turn lane. Second, the condition the government suggests must be proportional in magnitude to …


The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos May 2012

The Role Of Causation When Determining The Proper Defendant In A Takings Lawsuit, Jan G. Laitos

William & Mary Bill of Rights Journal

No abstract provided.


"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell May 2012

"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell

William & Mary Bill of Rights Journal

During World War II, after Japan attacked the Aleutian Islands off Alaska’s coast, the United States forcibly evacuated the islands’ natives and quartered soldiers in private homes. That hitherto unremarked violation of the Third Amendment gives us a fresh perspective on what the term “property” means in the United States Constitution. As a general legal matter, property includes not just real estate—land, fixtures attached thereto, and related rights—but also various kinds of personal property, ranging from tangibles, such as books, to intangibles, such as causes of action. That knowledge would, if we interpreted the Constitution as we do other legal …


A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy May 2011

A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson May 2011

The Inevitable Trend Toward Universally Recognizable Signals Of Property Claims: An Essay For Carol Rose, Robert C. Ellickson

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


Response, Carol M. Rose May 2011

Response, Carol M. Rose

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein May 2011

The Backwards Gesture: Historical Narratives In Carol Rose's Property Scholarship, Daniel J. Sharfstein

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


Rose's Human Nature Of Property, Henry E. Smith May 2011

Rose's Human Nature Of Property, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2010 Brigham-Kanner Property Rights Conference.


Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith Oct 2009

Ellickson's Extraordinary Look At The Ordinary, Henry E. Smith

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Private Norms And Public Spaces, Nicole Stelle Garnett Oct 2009

Private Norms And Public Spaces, Nicole Stelle Garnett

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Scaling Property With Professor Ellickson, Lee Anne Fennell Oct 2009

Scaling Property With Professor Ellickson, Lee Anne Fennell

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose Oct 2009

Of Natural Threads And Legal Hoops: Bob Ellickson's Property Scholarship, Carol M. Rose

William & Mary Bill of Rights Journal

Presented at the 2008 Brigham-Kanner Property Rights Conference.


Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert Apr 2008

Support Our [Dead] Troops: Sacrificing Political Expression Rights For Familial Control Over Names And Likenesses, Clay Calvert

William & Mary Bill of Rights Journal

No abstract provided.


"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth Mar 2008

"A Frequent Recurrence To Fundamental Principles": A Tribute To Jim Ely, John V. Orth

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


Introduction: 2006 Brigham-Kanner Property Rights Conference Mar 2008

Introduction: 2006 Brigham-Kanner Property Rights Conference

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand Mar 2008

"A Poor Relation?" Reflections On A Panel Discussion Comparing Property Rigths To Other Rights Enumerated In The Bill Of Rights, Rashmi Dyal-Chand

William & Mary Bill of Rights Journal

Presented at the 2006 Brigham-Kanner Property Rights Conference.


Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences Dec 2006

Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences

William & Mary Bill of Rights Journal

Presented at the Brigham-Kanner Property Rights Conference.


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Michelman As Doctrinalist, Gregory S. Alexander Dec 2006

Michelman As Doctrinalist, Gregory S. Alexander

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Impact Of Richard A. Epstein, James W. Ely Dec 2006

Impact Of Richard A. Epstein, James W. Ely

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Reconstrucing Richard Epstein, Eduardo M. Penalver Dec 2006

Reconstrucing Richard Epstein, Eduardo M. Penalver

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Takings: An Appreciative Retrospective, Eric R. Claeys Dec 2006

Takings: An Appreciative Retrospective, Eric R. Claeys

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein Dec 2006

Taking Stock Of Takings: An Author's Retrospective, Richard A. Epstein

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.


Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein Dec 2006

Nuance And Complexity In Regulatory Takings Law, Gregory M. Stein

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.


Time To Overturn Turney, Paul A. Lafata Oct 2006

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.


"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler Oct 2005

"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler

William & Mary Bill of Rights Journal

No abstract provided.