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Introduction: Regulatory Takings Viewed Through Cross-National Comparative Lenses, Rachelle Alterman Jan 2006

Introduction: Regulatory Takings Viewed Through Cross-National Comparative Lenses, Rachelle Alterman

Washington University Global Studies Law Review

This two-volume Symposium covers eleven advanced economy, democratic countries and represents a wide variety of laws and practices.


Regulatory Takings In Canada, Bryan P. Schwartz, Melanie R. Bueckert Jan 2006

Regulatory Takings In Canada, Bryan P. Schwartz, Melanie R. Bueckert

Washington University Global Studies Law Review

Canadian law lacks a robust “regulatory takings” doctrine, a phenomenon partially explained by Canada’s unique constitutional backdrop. Some Canadian provinces have statutes that provide greater protection for certain property rights. Canada also has international trade obligations that require it to protect foreign investors’ property rights. The only indirect recognition and remuneration of regulatory takings is encompassed in a longstanding interpretive presumption in favor of compensation in situations involving expropriation. Yet, despite all of these safeguards to protect property rights from regulatory takings and despite recent developments in regulatory takings jurisprudence, property rights receive minimal protection under Canadian law.


Planning Regulation, Property Protection, And Regulatory Takings In The Greek Planning Law, Georgia Giannakourou Jan 2006

Planning Regulation, Property Protection, And Regulatory Takings In The Greek Planning Law, Georgia Giannakourou

Washington University Global Studies Law Review

The next section of the Article will address the question of takings with regard to the provisions of the Greek Constitution. It will attempt to formulate a typology of potential regulatory takings in Greece, based on the types of injurious planning decisions that have emerged in recent practice. Afterward, the paper will examine the statutory regimes for takings compensation as well as the compensation instruments. The last section of the paper will present critical remarks on the current state of Greek planning law, contemporary practices, and the prospect of the takings issue in Greece.


The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Ilya Somin, Jonathan H. Adler Jan 2006

The Green Costs Of Kelo: Economic Development Takings And Environmental Protection, Ilya Somin, Jonathan H. Adler

Washington University Law Review

This Article provides the first detailed analysis of the environmental effects of Kelo and economic development takings generally. It contends that environmentalist support for economic development takings is misguided, and that the rule embodied by the Supreme Court’s Kelo decision is bad for property owners and environmental protection alike. There is a strong environmental rationale for strictly limiting or prohibiting the use of eminent domain for economic development. Part I of this Article briefly explains the rationales of the Kelo and Hathcock decisions and shows why a Hathcock-like ban on economic development takings is highly unlikely to impede ...