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State and Local Government Law
United States; Massachusetts; Massachusetts Wetlands Protection Act; Takings Clause; shoreline setback scheme; regulatory takings
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Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize
Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize
Theses and Major Papers
this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that …