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A New Takings Clause? The Implications Of Cedar Point Nursery V. Hassid For Property Rights And Moratoria, Benjamin Alexander Mogren
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 …
Property And Local Knowledge, Malcolm Lavoie
Property And Local Knowledge, Malcolm Lavoie
Catholic University Law Review
Property rights play an important but largely under-appreciated role in channeling local knowledge into decisions about physical resources. Property devolves decision-making authority to a dispersed pool of owners, who are likely to be aware of local conditions relevant to their resources. As a result, property owners are often in a position to make better-informed decisions about the use of the resource than other parties. The homeowner who preemptively repairs an old roof, the retailer who offers a new product for sale, and the farmer who decides to switch crops are all decision-makers who are empowered through property rights to act …
Evaluating Emergency Takings: Flattening The Economic Curve, Robert H. Thomas
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 …
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 Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
A Strange Land And A Peculiar Problem: Using Local Knowledge To Resolve Ambiguous Property Descriptions In Appalachia, William L. Spotswood
William & Mary Law Review Online
Conveying property in Appalachia can be somewhat like a box of chocolates: “You never know what you’re gonna get.” Carved by ancient rivers and winding streams, the seemingly never-ending “hollers” and hills of Appalachia can disorient even the best navigator. Couple the region’s rugged topography with an already ambiguous demarcation system, and properties once mapped by metes and bounds descriptions become impossible to re-create with any sort of certainty. Thus, though rooted in a desire for clarity, the combination of mountainous terrain and imperfect demarcation results in a property system riddled with ambiguity. Due to this inherent definitional problem in …
Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson
Maximizing The Value Of America’S Newest Resource, Low- Altitude Airspace: An Economic Analysis Of Aerial Trespass And Drones, Tyler Watson
Indiana Law Journal
Recognizing that tort law is a unique area of law that was judicially created by rational human beings with an innate sense of economic justice, this Note seeks to apply positive economic theory—derived from ex post analyses of tort cases—to an ex ante analysis to predict how and to what extent the existing and proposed aerial trespass rules will further economic efficiency in the context of drones and airspace rights. Part I will provide (1) an overview of the Federal Aviation Administration’s (FAA) current regulatory framework and the development of the common law aerial trespass doctrine and (2) an overview …
Brigham-Kanner Property Rights Journal, Volume 8, William & Mary Law School
Brigham-Kanner Property Rights Journal, Volume 8, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Federalism Dimension of Constitutional Property
October 4-5, 2018
Panel 1: The Federalism Dimension of Constitutional Property: A Tribute to Sterk
Panel 2: Background Principles of Common Law and Constitutional Property
Lunch Roundtable: Other Emerging Issues in Constitutional Protection of Property
Panel 4: The Constitutionality of Land Use Exactions
Contributing Author (Reveley)
A Georgist Perspective Of Petroleum Taxation, Joseph Leeson
A Georgist Perspective Of Petroleum Taxation, Joseph Leeson
Indiana Journal of Global Legal Studies
Over a century ago, the town of Arden, Delaware, was founded on a unique single-tax-community system that radically altered the popular concept of land ownership. This system was premised on concepts developed by a man few know today but who was a major figure in economics during the 1800s, Henry George. George's public finance theory has been described as having received "intermittent attention over the years, with many eminent names in economics making at least a passing comment, but it has seen comparably little action in the policy debate arena and has been largely ignored by the modern era of …
Time For A Change In Eminent Domain: A “Dirt Farmer’S” Story Shows Why Just Compensation Should Include Lost Profits, Edward Walton
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.
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 7, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Future of Regulatory Takings
October 12-13, 2017
Panel 1: The Future of Land Use Regulation: A Tribute to Callies
Panel 3: Property Rights in Water
Panel 4: The Denominator Problem and Other Emerging Issues in the Regulatory Takings Field
The Schofield/Gunner Decisions And Episcopal Church Property-Splitting Litigation: Considering Proposed Improvements To The Litigation Process And The Neutral Principles Of Law Doctrine, Ten Years On, Timothy D. Watson
William & Mary Business Law Review
In recent years, the Episcopal Church in the United States has seen a spate of parishes leaving the Church. Many of these departing parishes have attempted to take property with them as they leave and continue to operate independently or realign themselves with a different denomination. The Episcopal Church maintains that this property is held by the parishes on behalf of the national Church, and has generally been successful in obtaining a return of the property through legal action. In deciding these suits, state courts have skirted carefully around the contours of ecclesiastical questions; many state courts, following the Supreme …
Dignity Takings And Dignity Restoration: A Case Study Of The Colombian Land Restitution Program, Diana Esther Guzmán-Rodríguez
Dignity Takings And Dignity Restoration: A Case Study Of The Colombian Land Restitution Program, Diana Esther Guzmán-Rodríguez
Chicago-Kent Law Review
Over the past 50 years, Colombia has experienced intense socio-political violence associated with its internal armed conflict. As a result of this violence, long and complicated processes of land dispossession have taken place throughout the country, and more than seven million people have been internally displaced. Currently, the Colombian state is implementing a Land Restitution Program, which aims to restitute the dispossessed lands and to transform deep inequalities associated with massive forced displacement. This case study on both the complexities of the land takings in Colombia and the Land Restitution Program’s ambitious goals contributes to strengthening the socio-legal concepts of …
Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 6, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Role of Property in Secure Societies
October 19-21, 2016
Panel 1: Land Titling, Inclusion, and the Role of Property Rights in Secure Socities
Panel 3: Property's Role in the Fundamental Political Structure of Nations
Panel 5: Eminent Domain and Expropriations as Wealth Redistribution Tools
Panel 6: Defining and Protecting Property Rights in Intangible Assets
Panel 7: Rising Seas and Private Property: Advocates and Academics Debate Format
Panel 8: Property Rights as Defined and Protected by International Courts
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
William & Mary Law Review
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground”—in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions over the period 1979 through 2012, attempts to fill that void.
This study establishes that the Supreme Court’s categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School
Brigham-Kanner Property Rights Journal
Property as a Form of Governance
October 1-2, 2015
Panel 1: Property as a Form of Governance
Panel 3: Of Pipelines, Drilling, & the Use of Eminent Domain
Panel 4: Property Rights in the Digital Age
Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School
Brigham-Kanner Property Rights Journal
Defining the Reach of Property
October 30-31, 2014
Panel 1: The Role of the Advocate in Defining Property
Panel 3: Balancing Private Property and Community Rights
Panel 4: Property Rights in Developing and Transitional Countries
Panel 3 Q&A: Discussion on Balancing Private Property and Community Rights
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, …
The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy
The Informal Property Rights Of Boomerang Children In The Home, Shelly Kreiczer-Levy
Maryland Law Review
Adult children living with their parents represent an increasingly common social phenomenon in the United States that challenges the boundaries of both the family and formal property rights. What is the legal status of adult children living with their parents? Do parents have any additional duties when they rescind permission for their child to live with them? Property and family scholars have not addressed this important issue. This Article fills the void. Instead of treating people who live together as strangers, owing no legal obligations to one another, I argue that under certain conditions living with others creates a property …
Brigham-Kanner Property Rights Conference Journal, Volume 3, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 3, William & Mary Law School
Brigham-Kanner Property Rights Journal
The Essence of Property
October 17-18, 2013
Panel 1: The Impact of a Leading Property Scholar: Defining the Essence of Property
Panel 2: Promoting Government Forbearance
Roundtable Panel: Implications of the Court's Recent Takings Cases
Panel 4: Property Rights in Times of Transition
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
William & Mary Law Review
First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 2, William & Mary Law School
Brigham-Kanner Property Rights Journal
Interdisciplinary Perspectives on Property
October 11-12, 2012
Panel 1: The Impact of a Leading Property Scholar
Panel 3: Property Rights in Times of Economic Crisis
Panel 4: Property's Moral Dimension
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman
William & Mary Law Review
Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.
In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Conference Journal, Volume 1, William & Mary Law School
Brigham-Kanner Property Rights Journal
Comparative Property Rights
October 14-15, 2011
Panel 1: Legal Protection of Property Rights: A Comparative Look
Panel 2: Reflections on Justice O'Connor's Important Property Rights Decisions
Panel 3: Property as an Instrument of Social Policy
Panel 4: Culture and Property
Panel 5: Property as an Economic Institution
Panel 6: Property Rights and the Environment
"Property" In The Constitution: The View From The Third Amendment, Tom W. Bell
"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 …
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.
A Foxy Hedgehog: The Consistent Perceptions Of Carol Rose, Jedediah Purdy
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
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
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
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.