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Articles 1 - 5 of 5
Full-Text Articles in Law
The Governance Function Of Constitutional Property, Lynda L. Butler
The Governance Function Of Constitutional Property, Lynda L. Butler
Faculty Publications
Contemporary takings scholarship has devoted much attention to the problem of regulatory takings and has largely assumed that physical takings are resolved under a clear but simplistic per se rule. Under that rule, modern courts automatically find a physical taking whenever government action causes a permanent physical invasion of property, regardless of the context or the importance of the public interest. Applying this bright-line rule has proved to be difficult because it ignores the nuances of physical takings situations and the complexities of modern property arrangements. Should the physical takings concept apply to a rent control law that limits the …
Acquiring Land Through Eminent Domain: Justifications, Limitations, And Alternatives, Daniel Kelly
Acquiring Land Through Eminent Domain: Justifications, Limitations, And Alternatives, Daniel Kelly
Daniel B Kelly
The primary functional justifications for eminent domain involve bargaining problems, including the holdout problem, the bilateral monopoly problem and other transaction costs, as well as the existence of externalities. The holdout problem is particularly noteworthy, and this chapter analyzes three types of holdouts, depending on whether the failure in bargaining is the result of strategic behavior among owners, the presence of a large number of owners or a single owner who is unwilling to sell because of a highly idiosyncratic valuation. Although eminent domain solves any potential bargaining problems by transferring land directly from existing owners to the government, eminent …
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.
Kelo's Moral Failure, Laura S. Underkuffler
Kelo's Moral Failure, Laura S. Underkuffler
Laura S. Underkuffler
Presented at the 2004 Brigham-Kanner Property Rights Conference.
Baltimore V. Valsamaki: The Maryland Court Of Appeals' Response To Kelo, Jeff Shaw
Baltimore V. Valsamaki: The Maryland Court Of Appeals' Response To Kelo, Jeff Shaw
Legal History Publications
In the years following the Supreme Court’s controversial decision in Kelo v. New London, state judges and legislators across the country responded with a tidal wave of reform to state eminent domain law. While legislative reform efforts largely floundered in the Maryland General Assembly, the Maryland Court of Appeals, in the case of Baltimore v. Valsamaki, curbed the City of Baltimore’s use of quick-take condemnation procedures, imposed additional planning requirements on condemning authorities, and emphasizing the fact that property rights are fundamental constitutional rights. This article will begin with an examination of quick-take procedures and the reasons why …