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1992

Property Law and Real Estate

Takings

Articles 1 - 3 of 3

Full-Text Articles in Law

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr Jun 1992

A Critical Reexamination Of The Takings Jurisprudence, Glynn S. Lunney Jr

Michigan Law Review

To provide some insight into the nature of these disagreements, and to suggest a possible solution to the compensation issue, this article undertakes a critical reexamination of the takings jurisprudence. It focuses on the two bases which the modem Court has articulated as support for its resolution of the compensation issue: (1) the articulated purpose of using the just compensation requirement "to bar Government from forcing some people alone to bear public burdens"; and (2) the early case law. Beginning with the Court's first struggles with the compensation issue in the late nineteenth and early twentieth century, this article ...


Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon Jan 1992

Footprints In The Shifting Sands Of The Isle Of Palms: A Practical Analysis Of Regulatory Takings Cases, John R. Nolon

Pace Law Faculty Publications

It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time, interest could not have been greater. At issue was the validity of a regulation that prohibited all permanent development of the plaintiff's two beachfront lots. The South Carolina Supreme Court upheld the regulation by a 3-2 margin because it prevented a “great public harm.” The U.S. Supreme Court reversed that determination and remanded the case to determine whether South Carolina's common law of nuisance could prohibit the construction of single-family housing on the lots. The fractured ...


What Is Behind The "Property Rights" Debate?, John A. Humbach Jan 1992

What Is Behind The "Property Rights" Debate?, John A. Humbach

Pace Law Faculty Publications

Lucas v. South Carolina Coastal Council' obviously presents issues that range far more broadly than just whether people should be allowed to build on beaches and dunes. Many observers have viewed the case as a splendid opportunity for the Supreme Court to re-establish private owner autonomy in land use decisions - to cut down, perhaps drastically, on elected legislatures' traditional power to protect the environment by regulating uses of land. Behind the "property rights" debate is the question of whether states and communities really ought to have the power that they have traditionally had to control the development and patterns of ...