Law Commons^™

Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster

ExpressO

A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …

The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The most fundamental environmental problem is this: across our nation there are literally hundreds of millions of acres of important natural resource lands-- farms, forests, wetlands, reservoir watersheds, shore lands, endangered species habitat--lands that have relatively little commercial value in their present natural condition, but which would have much greater commercial value if their natural values were degraded or destroyed. Stated differently, private property often will yield a much greater profit to its owner if it is used in ways that will harm or obliterate important environmental assets and values. For this reason, private owners are understandably tempted to supplant …

The Environmental Commerce Clause, Christine A. Klein

UF Law Faculty Publications

This Article studies every commerce clause decision of the modem Supreme Court that involves the scope of governmental authority to regulate the use of natural resources. These decisions comprise what I will call the environmental commerce clause -- the Court's interpretation of the limits mandated by the commerce clause upon federal and state legislation protecting natural resources. Overall, the Court has been limiting the scope of the affirmative commerce clause while simultaneously expanding the reach of the dormant commerce clause. As a result, both federal and state efforts to protect the natural environment have been rendered constitutionally suspect.

This study …