Law Commons^™

Tort Reform & The Takings Clause, Bailey D. Barnes

Buffalo Law Review

The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment’s Takings Clause. This Article advocates that judicial reduction of a jury’s noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.

A Takings …

Reforming Local Property For An Era Of National Decline, Daniel B. Rosenbaum

Buffalo Law Review

Following a century of rapid growth, the global human population is predicted to crest and then decline in the coming generations. Some industrialized countries are already grappling with the economic and societal consequences of population loss. Others, including the United States, have only started to realize that decline might arrive on their doorsteps far sooner than originally anticipated, a prospect for which policymakers and legal scholars are presently unprepared.

Global and national demographic change threaten to cause far-reaching dislocations, and local municipalities, too, will be asked to reckon with the aftermath. Yet local governance in the United States has long …

Temporary Eminent Domain, Amnon Lehavi

Buffalo Law Review

Times of emergency call for drastic measures. These steps may include the physical takeover of privately-owned assets by the government for a certain period of time and for various purposes, aimedat addressing the state of emergency. When will such acts amount to a taking, and what compensation should be paid to the property owner? How do temporary physical appropriations during times of emergencydiverge, if at all, from temporary takeovers in more ordinary times?

The doctrinal and theoretical analysis of potential temporary takings has been done mostly in the context of non-physical government intervention with private property, such as when a …

Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray

Buffalo Law Review

In 2018’s Saint Bernard Parish Government v. United States, Federal Appeals Judge Timothy Dyk reversed a lower court decision finding that the federal government had violated the Fifth Amendment’s Takings Clause rights cherished by home-owning New Orleanians. The lower court maintained that such taking occurred via the Army Corps of Engineers’ building, maintaining, and failing to maintain the seventy-six mile long navigational channel known as the Mississippi River-Gulf Outlet (MRGO), which increased the surge storms of Hurricane Katrina. Though MRGO helped turn Katrina into a superstorm that devastated thousands of properties, Judge Dyk determined that the lower court’s takings analysis …

Reconceptualizing Entrenched Notions Of Common Law Property Regimes: Maori Self-Determination And Environmental Protection Through Legal Personality For Natural Objects, Bridget Williams

Buffalo Environmental Law Journal

No abstract provided.

Understanding The Complicated Landscape Of Civil War Monuments, Jessica Owley, Jess Phelps

Journal Articles

This essay examines the controversy regarding confederate monuments and attempts to contextualize this debate within the current preservation framework. While much attention has been paid to this topic over the past year, particularly with regard to “public” monuments, such discussion has generally failed to recognize the varied and complicated property law layers involved—which can fundamentally change the legal requirements for modification or removal. We propose a spectrum or framework for assessing these resources ranging from public to private, and we explore the messy space in-between these poles where most monuments actually fall. By highlighting these categories, we provide an initial …

Appraising 9/11: 'Sacred' Value And Heritage In Neoliberal Times, Mateo Taussig-Rubbo

Journal Articles

On September 11, 2001, United Airlines Flight 93 — one of the four airplanes hijacked that day — crashed into a vacant parcel of land in rural Pennsylvania, killing all on board. For many, including family members of those killed in the attack and the Park Service that now manages the national memorial at the site, the former strip mine was transformed into ‘sacred’ ground. Unable to settle on a price with the landowner, in 2009 the government took the property through eminent domain. Focusing on the ongoing effort in United States of America v. 275.81 Acres of Land to …

The Validity Of Restraints On Alienation In An Oil And Gas Lease, Luke Meier, Rory Ryan

Buffalo Law Review

No abstract provided.

Fixing Fuller: Securing Just Compensation For Private Beneficiaries Of Federal Grazing Lands, Matthew C. Piccolo

Buffalo Environmental Law Journal

No abstract provided.

I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent

Buffalo Law Review

No abstract provided.

Property Before Property: Romanizing The English Law Of Land, Thomas J. Mcsweeney

Buffalo Law Review

No abstract provided.

Conservation Easements And The Doctrine Of Changed Conditions: A Comparative Analysis Of The New York And Arkansas Statutes, Daniel P. Harvey

Buffalo Environmental Law Journal

No abstract provided.

Getting Back The Public's Money: The Anti-Favoritism Norm In American Property Law, John Martinez

Buffalo Law Review

No abstract provided.

The Louisiana Road Home Program: A Path Of Unintended Consequences, Everett Fineran

Buffalo Public Interest Law Journal

No abstract provided.

Anti-Exclusionary Zoning In Pennsylvania: A Weapon For Developers, A Loss For Low-Income Pennsylvanians, Katrin Rowan

Journal Articles

No abstract provided.

Are Property Owners Constitutionally Entitled To Compensation For Environmental Remediation Funds?, Andrew Hysell

Buffalo Environmental Law Journal

No abstract provided.

Casting Lots: The Illusion Of Justice And Accountability In Property Allocation, Carol Necole Brown

Buffalo Law Review

No abstract provided.

What's Land Got To Do With It?: Rhetoric And Indeterminacy In Land's Favored Legal Status, Nancy Perkins Spyke

Buffalo Law Review

No abstract provided.

I Do! Or Do I? A Practical Guide To Love, Courtship, And Heartbreak In New York – Or – Who Gets The Ring Back Following A Broken Engagement?, Adam D. Glassman

Buffalo Women's Law Journal

No abstract provided.

When A Day At The Ballpark Turns A "Can Of Corn" Into A Can Of Worms: Popov V. Hayashi, Michael Pastrick

Buffalo Law Review

No abstract provided.

"Not In My Back Yard!" Restrictive Covenants As A Basis For Opposing The Construction Of Cellular Towers, Carol R. Goforth

Buffalo Law Review

No abstract provided.

The Colonial Origins Of Liberal Property Rights, Elizabeth B. Mensch

Journal Articles

No abstract provided.

A Comparison Of U.S.-Canadian Excess Condemnation, Expropriation And Property Taking: A Valid Form Of Governmental Recoupment Of Added Value, Andrew Bechard

In the Public Interest

No abstract provided.

The Adverse Possession Of Personal Property, Patty Gerstenblith

Buffalo Law Review

No abstract provided.

Hartog's New York And The Ideology Of Public And Private, Elizabeth B. Mensch

Book Reviews

Review of H. Hartog, Public Property and Private Power

Destruction Of Community, Richard Lewis

Buffalo Law Review

No abstract provided.

The Takings Clause: Principles Or Politics?, Leslie Bender

Buffalo Law Review

No abstract provided.

Federal Tax Liens And State Homestead Exemptions: The Aftermath Of United States V. Rodgers, Terrence C. Brown-Steiner

Buffalo Law Review

No abstract provided.

Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus

Buffalo Law Review

No abstract provided.

Access To The Sun: A Legal Survey, Lawrence D. Engle

In the Public Interest

No abstract provided.