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Full-Text Articles in Law

Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster Jan 2006

Regulating Land Use In A Constitutional Shadow: The Institutional Contexts Of Exactions, Mark Fenster

UF Law Faculty Publications

The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effects of a regulation on the incidents of property ownership. It serves as a constitutional protection against regulations that impose the functional equivalent to a classic taking of private property (an appropriation by the state or an ouster), and it requires compensation for owners who are subject to such regulations. Just as significant as declaring what the regulatory takings doctrine is, theCourt in Lingle also declared what it is not: it is not a judicial check onthe validity or reasonableness of a regulation that effects a ...


Defending The Polygon: The Emerging Human Right To Communal Property, Thomas T. Ankersen, Thomas K. Ruppert Jan 2006

Defending The Polygon: The Emerging Human Right To Communal Property, Thomas T. Ankersen, Thomas K. Ruppert

UF Law Faculty Publications

For many peoples in the developing world, "homeland security" has a meaning very different from its post-September 11 meaning in the United States. In many cases, peoples who have a shared cultural conception of "territory" within nation-states have begun to adopt the dominant Western property paradigm of land titling to formalize their rights to that territory. Many view this paradigm and the individualization of property rights it facilitates as an inevitable outcome of the inexorable march of social evolution, evidenced by the end of the twentieth century collapse of communism. The Enlightenment era conception of fungible individual property emerged triumphant ...