Law Commons^™

Real Estate Methods And Credits: A Summary Of Recent Developments And Strategies (Powerpoint), Brandon C. Carlton

William & Mary Annual Tax Conference

No abstract provided.

Fixing A Broken Common Law -- Has The Property Law Of Easements And Covenants Been Reformed By A Restatement, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk

William & Mary Law Review

Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground”—in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions over the period 1979 through 2012, attempts to fill that void.

This study establishes that the Supreme Court’s categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …

Money For Nothing: A Case Study On Leveraging Donated Property To Satisfy Federal Grant Match Requirements, Garrett Gee

Virginia Coastal Policy Center

No abstract provided.

Brigham-Kanner Property Rights Conference Journal, Volume 5, William & Mary Law School

Brigham-Kanner Property Rights Journal

Property as a Form of Governance

October 1-2, 2015

Panel 1: Property as a Form of Governance

Panel 3: Of Pipelines, Drilling, & the Use of Eminent Domain

Panel 4: Property Rights in the Digital Age

Dead Men Bring No Claims: How Takings Claims Can Provide Redress For Real Property Owning Victims Of Jim Crow Race Riots, Melissa Fussell

William & Mary Law Review

No abstract provided.

Encouraging Transportation-Oriented Development In The United States: A Case For Utilizing “Earned-As-Of-Location” Credits To Promote Strategic Economic Development, Matthew G. Jewitt

William & Mary Law Review

No abstract provided.

The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler

Faculty Publications

In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …