Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Agency (1)
- Agriculture Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Constitutional Law (1)
-
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Energy and Utilities Law (1)
- Environmental Law (1)
- Housing Law (1)
- Human Rights Law (1)
- Judges (1)
- Jurisprudence (1)
- Land Use Law (1)
- Law and Economics (1)
- Law and Society (1)
- Litigation (1)
- Natural Resources Law (1)
- Oil, Gas, and Mineral Law (1)
- Property Law and Real Estate (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Evidence
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
Using Capture Theory And Chronology In Eminent Domain Proceedings, John H. Ryskamp
ExpressO
Capture theory--in which private purpose is substituted for government purpose--sheds light on a technique which is coming into greater use post-Kelo v. New London. That case affirmed that eminent domain use need only be rationally related to a legitimate government purpose. Capture theory focuses litigators' attention on "government purpose." That is a question of fact for the trier of fact. This article shows how to use civil discovery in order to show the Court that private purpose has been substituted for government purpose. If it has, the eminent domain use fails, because the use does not meet minimum scrutiny. This …
Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.
Eminent Domain - Procedure - Relation Of Judge And Jury In Michigan Condemnation Proceedings, John H. Jackson S.Ed.
Michigan Law Review
The relationship of judge to jury in Michigan condemnation proceedings presents in many ways a merger of some of the problems and questions contained in the relationship of judge to jury in civil trials, and of court to tribunal in administrative law. Theorists as well as the practicing lawyer in Michigan and some other states" may well find in the development of the Michigan condemnation proceeding an interesting example of the growth of a procedure for adjudication, in a context of cross-fire between legislative ideas and judicial interpretation of a constitutional provision.