Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Supreme Court (9)
- New York (8)
- Fifth amendment (7)
- Land use (7)
- Private property (7)
-
- Penn Central (6)
- Property rights (6)
- Supreme court (6)
- Constitution (5)
- Federal (5)
- Takings clause (5)
- Appellate Division (4)
- Due process (4)
- Eminent domain (4)
- Just compensation (4)
- Lazer (4)
- Ordinance (4)
- State (4)
- United states constitution (4)
- Zoning (4)
- 1991) (3)
- Constitutions (3)
- Court of Appeals (3)
- Dolan (3)
- Due Process (3)
- Equal protection (3)
- Fifth Amendment (3)
- Fourteenth Amendment (3)
- Leon Lazer (3)
- Nollan (3)
Articles 1 - 30 of 43
Full-Text Articles in Law
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Theft, Extortion, And The Constitution: Land Use Practice Needs An Ethical Infusion, Michael M. Berger
Touro Law Review
There are many ways in which property owners/developers interact with regulators. To the extent that texts and articles deal with the ethical duties of the regulators, they tend to focus on things like conflicts of interest. But there is more. This article will examine numerous other ways in which regulators may run afoul of ethical practice in dealing with those whom they regulate
Due Process Supreme Court Rockland County
Attacking Smart Growth, Michael Lewyn
Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?, Catherine Breidenbach
Does New York State’S Implied Dedication Rule Encourage Or Deter The Development Of Temporary Parks And Community Gardens?, Catherine Breidenbach
Touro Law Review
No abstract provided.
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Touro Law Review
No abstract provided.
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Billy Joel: The Chronicler Of The Suburbanization In New York, Patricia E. Salkin, Irene Crisci
Touro Law Review
Artists often chronicle historical developments through their chosen medium. In the case of Billy Joel, some of his lyrics can be traced to the early sustainability movements as he wrote about the migration of people from the cities and the attendant problems with rapid suburbanization. Described by Tony Bennett as “a poet, a performer, a philosopher and today’s American songbook,” his lyrics address, among other topics, land use, community development, and environmental issues. Following World War II, there was a major shift in population settlement patterns in the United States. As war heroes returned home, not only did the country …
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
Touro Law Review
No abstract provided.
Takings Cases In The October 2004 Term, Leon D. Lazer
Takings Cases In The October 2004 Term, Leon D. Lazer
Touro Law Review
No abstract provided.
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong
The Art Of Stripping: How The Government Applies The Takings Clause To Strip You Of Your Property, Toni Kong
Touro Law Review
No abstract provided.
The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni
The Big Chill? - The Likely Impact Of Koontz On The Local Governments/Developer Relationship, Julie A. Tappendorf, Matthew T. Dicanni
Touro Law Review
This article will explore the doctrine of unconstitutional conditions, showing how it has evolved in the context of land use and come to be the logical underpinning of controversial Supreme Court decisions regarding exactions. Part I will explain the doctrine of unconstitutional conditions, providing a brief overview of its development over the course of the past century. Part II will then discuss how this doctrine has come to be the logical foundation on which the Supreme Court’s exactions jurisprudence rests. Part III will discuss the Koontz decision and its impact on the doctrine of unconstitutional conditions. In Part IV, we …
The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power
The "Parcel As A Whole" In Context: Shifting The Benefits And Burdens Of Economic Life - Or Not, Edward J. Sullivan, Karin Power
Touro Law Review
No abstract provided.
A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman
A Trip Back In Time, Including Judge Charles D. Breitel's Rationale For His Fred French And Penn Central Decisions, Frank Schnidman
Touro Law Review
No abstract provided.
Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster
Substantive Due Process By Another Name: Koontz, Exactions, And The Regulatory Takings Doctrine, Mark Fenster
Touro Law Review
No abstract provided.
The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak
The Categorical (Lucas) Rule: "Background Principles," Per Se Regulatory Takings, And The State Of Exceptions, David L. Callies, David A. Robyak
Touro Law Review
No abstract provided.
The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown
The Categorical Lucas Rule And The Nuisance And Background Principles Exception, Carol Necole Brown
Touro Law Review
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, specifically focusing on the Lucas nuisance exception. The author surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. The author further identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts’ findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.
The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer
The Rebirth Of Federal Takings Review? The Courts’ “Prudential” Answer To Williamson County’S Flawed State Litigation Ripeness Requirement, J. David Breemer
Touro Law Review
This article reviews recent federal court decisions that have loosened the state litigation ripeness barrier to federal takings review based on its “prudential” character. Part II provides relevant background on Williamson County and the development of the state litigation rule. It explores the logic underlying the rule and the problems it causes in application. Part III reviews the judicial shift away from a jurisdictional understanding of the state litigation rule—under which compliance with the rule is a prerequisite to a court’s power to hear a takings claim—to a prudential view in which application of the state litigation rule lies within …
The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger
The Ripeness Game: Why Are We Still Forced To Play?, Michael M. Berger
Touro Law Review
No abstract provided.
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
The Common Law Foundations Of The Takings Clause: The Disconnect Between Public And Private Law, Richard A. Epstein
Touro Law Review
No abstract provided.
Other Tributes To Fred Bosselman, Edward J. Sullivan, Nancy E. Stroud
Other Tributes To Fred Bosselman, Edward J. Sullivan, Nancy E. Stroud
Touro Law Review
No abstract provided.
Fred Bosselman And The Taking Issue, David L. Callies
Fred Bosselman And The Taking Issue, David L. Callies
Touro Law Review
No abstract provided.
Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde
Violations Of Zoning Ordinances, The Covenant Against Encumbrances, And Marketability Of Title: How Purchasers Can Be Better Protected, Jessica P. Wilde
Touro Law Review
No abstract provided.
Still An Issue: The Taking Issue At 40, Patricia E. Salkin
Still An Issue: The Taking Issue At 40, Patricia E. Salkin
Touro Law Review
In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners” (The Takings Issue), the Council on Environmental Quality’s seminal report by Fred Bosselman, David Callies and John Banta. For this symposium Touro Law Review assembled some of today’s leading luminaries to reflect on how the taking issue has evolved and to assess where …
Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney
Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney
Touro Law Review
Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Ancsa: Sovereignty And A Just Settlement Of Land Claims Or An Act Of Deception, Marilyn J. Ward Ford, Robert Rude
Ancsa: Sovereignty And A Just Settlement Of Land Claims Or An Act Of Deception, Marilyn J. Ward Ford, Robert Rude
Touro Law Review
No abstract provided.
Tort Law, Honorable Leon D. Lazer
Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council
Equal Protection, Court Of Appeals: Trustees Of Union College V. Schenectady City Council
Touro Law Review
No abstract provided.
Governmental Takings, Court Of Appeals: Anello V. Zoning Board Of Appeals Of The Village Of Dobbs Ferry
Touro Law Review
No abstract provided.
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Adult Uses And The First Amendment: The Stringfellow’S Decision And Its Impact On Municipal Control Of Adult Businesses, Steve Mcmillen
Touro Law Review
No abstract provided.