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Articles 1 - 16 of 16
Full-Text Articles in Law
A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk
A Perpetual Cycle Of “Give-And-Take”: The Case For Texas Eminent Domain Reform, Kathryn Faulk
St. Mary's Law Journal
No abstract provided.
Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger
Liberty And Separation Of Powers In Judicial Review Of Privatized Governance Regimes, Jeffrey Kleeger
Journal of the National Association of Administrative Law Judiciary
This article examines the power difference between homeowner association (HOA) owners, members, and their governing boards. Administrative adjudication can remedy the imbalance to better secure member rights. What is necessary is a heightened standard of judicial review and a requirement to produce a comprehensive record for review. Boards enjoy an advantage in disputes with members—courts uphold board actions unless they are arbitrary and capricious. Boards also possess largely unrestricted state-delegated authority to make and enforce rules, as well as decide penalties for infractions. These clearly governmental functions are not restrained by the state action doctrine. Tools of administrative adjudication are …
Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn
Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn
Georgia State University Law Review
The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 Chapter 2 …
Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan
Maine's Open Lands: Public Use Of Private Land, The Right To Roam And The Right To Exclude, Peter H. Kenlan
Maine Law Review
On a late summer afternoon, a boy pilots a small boat toward a deserted beach while another crouches in the bow with an anchor poised and ready. As the boat gently scrapes to a halt, the anchor lands in the wet sand with a dull thud and the two boys splash ashore. Equipped only with peanut butter sandwiches, they set off along the beach looking for tide pools. Behind them, they leave only a few ephemeral footprints--readily erased by the waves. On a bright and clear February morning, a man rides his snowmobile along a well-traveled trail. The scenery flashes …
The Value Of The Right To Exclude: An Empirical Assessment, Jonathan Klick, Gideon Parchomovsky
The Value Of The Right To Exclude: An Empirical Assessment, Jonathan Klick, Gideon Parchomovsky
University of Pennsylvania Law Review
Property theorists have long deemed the right to exclude fundamental and essential for the efficient use and allocation of property. Recently, however, proponents of the progressive property movement have called into question the centrality of the right to exclude, suggesting that it should be scaled back to allow the advancement of more socially beneficial uses of property. Surprisingly, the debate between the opponents and detractors of the right to exclude is devoid of any empirical evidence. The actual value of the right to exclude remains unknown. In this Article, we set out to fill this void by measuring, for the …
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
William & Mary Law Review
No abstract provided.
Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp
Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp
Indiana Law Journal
No abstract provided.
Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin
Haunted By History: Colonial Land Trusts Pose National Threat, Thomas C. Martin
William & Mary Law Review
No abstract provided.
Eminent Domain General Provisions And Condemnation Procedure: Provide A Comprehensive Revision Of Provisions Regarding The Power Of Eminent Domain, Jody Arogeti, Anita Bhushan, Jill M. Irvin, Jessica Kattula
Eminent Domain General Provisions And Condemnation Procedure: Provide A Comprehensive Revision Of Provisions Regarding The Power Of Eminent Domain, Jody Arogeti, Anita Bhushan, Jill M. Irvin, Jessica Kattula
Georgia State University Law Review
The Act amends the definition of blight, and adds a definition of public use and economic development. The Act amends the process and the powers of eminent domain. The Act increases the procedural requirements of eminent domain, including new notice provisions, additional rights for the condemnee, and new requirements for the condemnor. The Act increases procedural safeguards for property owners by enhancing notice requirements. The Act takes the power of eminent domain out of the hands of development authorities and gives the power to elected officials.
Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett
Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett
Georgia State University Law Review
No abstract provided.
Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker
Quieting The Clang: Hathcock As A Model Of The State-Based Protection Of Property Which Kelo Demands, Joshua E. Baker
William & Mary Bill of Rights Journal
No abstract provided.
"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler
"The Loss In My Bones": Protecting African American Heirs' Property With The Public Use Doctrine, April B. Chandler
William & Mary Bill of Rights Journal
No abstract provided.
Ultra Vires Takings, Matthew D. Zinn
Ultra Vires Takings, Matthew D. Zinn
Michigan Law Review
When does legislative or administrative regulatory action "go[] too far" and effectively amount to an .appropriation of private property for which the Fifth Amendment requires just compensation? This question has turned out to be one of the thorniest in American constitutional law. The Supreme Court has identified several circumstances in which one can expect to find a regulatory taking, but its numerous pronouncements on the subject give no clear rule to distinguish compensable takings from noncompensable interference with property rights. Notwithstanding its volume, the commentary on the Takings Clause by and large addresses only proper governmental action that rises to …
Eminent Domain: Intergovernmental Conflicts
Constitutional Law--Eminent Domain-Public Use
Constitutional Law--Eminent Domain-Public Use
Indiana Law Journal
No abstract provided.