Constitutional Law Commons^™

Temporary Eminent Domain, Amnon Lehavi

Buffalo Law Review

Times of emergency call for drastic measures. These steps may include the physical takeover of privately-owned assets by the government for a certain period of time and for various purposes, aimedat addressing the state of emergency. When will such acts amount to a taking, and what compensation should be paid to the property owner? How do temporary physical appropriations during times of emergencydiverge, if at all, from temporary takeovers in more ordinary times?

The doctrinal and theoretical analysis of potential temporary takings has been done mostly in the context of non-physical government intervention with private property, such as when a …

Blights Out And Property Rights In New Orleans Post-Katrina, Yxta Maya Murray

Buffalo Law Review

In 2018’s Saint Bernard Parish Government v. United States, Federal Appeals Judge Timothy Dyk reversed a lower court decision finding that the federal government had violated the Fifth Amendment’s Takings Clause rights cherished by home-owning New Orleanians. The lower court maintained that such taking occurred via the Army Corps of Engineers’ building, maintaining, and failing to maintain the seventy-six mile long navigational channel known as the Mississippi River-Gulf Outlet (MRGO), which increased the surge storms of Hurricane Katrina. Though MRGO helped turn Katrina into a superstorm that devastated thousands of properties, Judge Dyk determined that the lower court’s takings analysis …

The Takings Clause: Principles Or Politics?, Leslie Bender

Buffalo Law Review

No abstract provided.

Mennonite Board Of Missions V. Adams: Insufficient Notice Under The New York In Rem Statutes, Richard M. Schaus

Buffalo Law Review

No abstract provided.

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

New York's Changing Conceptions Of Land Use Law: Penn Central Transportation Co. V. City Of New York, David W. Shapiro

Buffalo Law Review

No abstract provided.

The Evolution And Extension Of The New York Law Of Inverse Condemnation, James L. Magavern

Buffalo Law Review

No abstract provided.

Mandatory Development Rights Transfer And The Taking Clause: The Case Of Manhattan's Tudor City Parks, Norman Marcus

Buffalo Law Review

No abstract provided.

Compensation For Loss Of Access In Eminent Domain In New York: A Re-Evaluation Of The No-Compensation Rule With A Proposal For Change, Richard S. Mayberry, Frank A. Aloi

Buffalo Law Review

No abstract provided.

Future Interests—Application Of Statute To Bar Enforcement Of Matured Reverter Held Unconstitutional, Alan A. Ransom

Buffalo Law Review

Board of Educ. v. Miles, 15 N.Y.2d 364, 207 N.E.2d 181, 259 N.Y.S.2d 129 (1965).

Eminent Domain—Private Property Destroyed Pursuant To Scorched Earth Policy—Held Compensable, Neil R. Farmelo

Buffalo Law Review

Caltex (Phillipines) Inc. v. United States, 100 Fed. Supp. 970 (Ct. Cl. 1951).

Public Use, Public Policy And Recent Developments In The Law Of Eminent Domain, Morree Levine

Buffalo Law Review

No abstract provided.