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Full-Text Articles in Law
Property-As-Society, Timothy M. Mulvaney
Property-As-Society, Timothy M. Mulvaney
Faculty Scholarship
Modern regulatory takings disputes present a key battleground for competing conceptions of property. This Article offers the following account of the three leading theories: a libertarian view sees property as creating a sphere of individual freedom and control (property-as-liberty); a pecuniary view sees property as a tool of economic investment (property-as-investment); and a progressive view sees property as serving a wide range of evolving communal values that include, but are not limited to, those advanced under both the libertarian and pecuniary conceptions (property-as-society). Against this backdrop, the Article offers two contentions. First, on normative grounds, it asserts that the conception …
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
Law Faculty Scholarship
No abstract provided.
Pipelines, Electrical Lines, And Little Pink Houses: Do Any Limits On "Public Use" Remain In Eminent Domain Law?, Kristin J. Hazelwood
Pipelines, Electrical Lines, And Little Pink Houses: Do Any Limits On "Public Use" Remain In Eminent Domain Law?, Kristin J. Hazelwood
Law Faculty Scholarly Articles
That property is more than mere dirt, brush, or rugged terrain is made obvious by the fervor with which individuals will defend their right to inhabit or use that property. Property can be valuable to individuals for myriad reasons, including an ancestral connection to the property; "historic, religious, and cultural significance;" or emotional attachment. The desire to preserve the right to use property or to protect it from environmental harm can create atypical activists, such as the Sisters of Loretto in Kentucky. The sisters opposed the construction of the pipeline across their pristine property and voiced their disapproval of the …