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Articles 1 - 30 of 41
Full-Text Articles in Law
Under The River And Through The Common Law: Analyzing The Impacts And Propensity Of State Adoption Of The Ppl Montana Navigability-For-Title Standard, Jessica Kraus
William & Mary Environmental Law and Policy Review
No abstract provided.
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
U.S. Property Law: A Revised View, Kamaile A.N. Turčan
William & Mary Environmental Law and Policy Review
No abstract provided.
A Defense Of The Regulatory Takings Doctrine: A Historical Analysis Of This Conflict Between Property Rights And Public Good And A Prediction For Its Future, Andrew Parslow
William & Mary Environmental Law and Policy Review
Since man first left the state of nature and formed property rights, there have been issues when states desire to use the property of another for what they consider to be the greater good. In their wisdom, the Founding Fathers of the United States built on centuries of historical principles ranging from the Romans to the English and enshrined in the Fifth Amendment the common law notion that “private property [shall not] be taken for public use, without just compensation.” The rise of environmentalism has brought a new frontier to the ancient struggle between the rights of individuals and the …
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser
What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser
William & Mary Environmental Law and Policy Review
In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court held that …
The Coming Wave Of Pretextually Profiteering Social Entrepreneurs: A Case Study At The Nexus Of Property And Civil Rights, David Groshoff
The Coming Wave Of Pretextually Profiteering Social Entrepreneurs: A Case Study At The Nexus Of Property And Civil Rights, David Groshoff
William & Mary Environmental Law and Policy Review
This Article builds on my prior publications employing case studies that serve as the prisms through which this Article applies a legal analysis to a newly trending problem in social entrepreneurship.
Specifically, this Article reviews the financial and property interests implicated when, in the milieu of an aging baby-boomer demographic likely to display decaying neurocognitive abilities, ostensibly socially beneficent limited liability companies (“LLCs”) pretextually pose as small businesses with a desire to serve people suffering from particular alleged mental disorders. In reality however, these brand-managed social entrepreneurs may represent conveniently detachable arms of integrated corporate enterprises that have hundreds of …
An Unintended Consequence Of Arkansas Game & Fish Commission V. United States: Expanding Takings Liability To What The Government Doesn’T Do, Jason Kane
William & Mary Environmental Law and Policy Review
No abstract provided.
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon
William & Mary Environmental Law and Policy Review
This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.
Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …
Farming The Slums: Using Eminent Domain And Urban Agriculture To Rebuild Baltimore's Blighted Neighborhoods, Keith Buzby
Farming The Slums: Using Eminent Domain And Urban Agriculture To Rebuild Baltimore's Blighted Neighborhoods, Keith Buzby
William & Mary Environmental Law and Policy Review
No abstract provided.
At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson
At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
William & Mary Environmental Law and Policy Review
No abstract provided.
The Florida Beach Case And The Road To Judicial Takings, Michael C. Blumm, Elizabeth B. Dawson
The Florida Beach Case And The Road To Judicial Takings, Michael C. Blumm, Elizabeth B. Dawson
William & Mary Environmental Law and Policy Review
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, the U.S. Supreme Court unanimously upheld a state beach restoration project against landowner claims of an unconstitutional taking of the property. This result was not nearly as surprising as the fact that the Court granted certiorari on a case that turned on an obscure aspect of Florida property law: whether landowners adjacent to a beach had the rights to future accretions of sand and to maintain contact with the water.
The Court’s curious interest in the case was piqued by the landowners’ recasting the case from the regulatory taking …
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.
Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy
Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy
William & Mary Environmental Law and Policy Review
This article revisits and examines whether the fairness and justice doctrine of Armstrong v. United States can justify and fashion standards of review to protect the right to just compensation of the Takings Clause. The Court has relied on Armstrong to show the purpose of the Takings Clause in many takings decisions. However, can Armstrong serve a greater purpose? In Dolan v. City of Tigard, the United States Supreme Court applied the unconstitutional conditions doctrine to justify the need for a standard of review to protect the right to just compensation. The Court transported questionable constitutional doctrine to validate Justice …
Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike
Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike
William & Mary Environmental Law and Policy Review
No abstract provided.
Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg
Charitable Deductions For Rail-Trail Conversions: Reconciling The Partial Interest Rule And The National Trails System Act, Scott Andrew Bowman, Danaya H. Rosenberg
William & Mary Environmental Law and Policy Review
This Article examines an undeveloped legal topic at the intersection of tax law and real property law: charitable deductions from income tax liability for donations of railroad corridors that are to be converted into recreational trails. The very popular rails-to-trails program assists in the conversion of abandoned railroad corridors into hiking and biking trails. However, the legal questions surrounding the property rights of these corridors have been complex and highly litigated. In 1983, Congress amended the National Trails System Act to provide a mechanism for facilitating these conversions, a process called railbanking. In essence, a railroad transfers its real property …
Environmental Law: Property Rights In The United States, Federalist Society
Environmental Law: Property Rights In The United States, Federalist Society
William & Mary Environmental Law and Policy Review
No abstract provided.
Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman
Let's Roll: Applying Land-Based Notions Of Property To The Migrating Barrier Islands, Amy H. Moorman
William & Mary Environmental Law and Policy Review
No abstract provided.
Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple
Take It Or Leave It: The Supreme Court's Regulatory Takings Jurisprudence After Tahoe-Sierra, Justin W. Stemple
William & Mary Environmental Law and Policy Review
No abstract provided.
The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven G. Davison
The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven G. Davison
William & Mary Environmental Law and Policy Review
No abstract provided.
Alternative Ranch Experiments: Better Than The Blm, Edith Sanders
Alternative Ranch Experiments: Better Than The Blm, Edith Sanders
William & Mary Environmental Law and Policy Review
No abstract provided.
"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling
"Un-Locke-Ing" A "Just Right" Environmental Regime: Overcoming The Three Bears Of International Environmentalism - Sovereignty, Locke, And Compensation, Anne C. Dowling
William & Mary Environmental Law and Policy Review
No abstract provided.
Enforcing The Endangered Species Act Against The States, Jean O. Melious
Enforcing The Endangered Species Act Against The States, Jean O. Melious
William & Mary Environmental Law and Policy Review
No abstract provided.
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
William & Mary Environmental Law and Policy Review
No abstract provided.
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
William & Mary Environmental Law and Policy Review
No abstract provided.
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
William & Mary Environmental Law and Policy Review
No abstract provided.
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
William & Mary Environmental Law and Policy Review
No abstract provided.
The Morality Of Regulation, Loren A. Smith
The Morality Of Regulation, Loren A. Smith
William & Mary Environmental Law and Policy Review
No abstract provided.
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
William & Mary Environmental Law and Policy Review
No abstract provided.
Majoritarian Theft In The Regulatory State, Or What's A Takings Clause For?, James Audley Mclaughlin
Majoritarian Theft In The Regulatory State, Or What's A Takings Clause For?, James Audley Mclaughlin
William & Mary Environmental Law and Policy Review
No abstract provided.
Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh
Achieving The Proper Balance Between The Public And Private Property Interests: Closely Tailored Legislation As A Remedy, Michelle K. Walsh
William & Mary Environmental Law and Policy Review
No abstract provided.