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Land Use Law Commons

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Full-Text Articles in Land Use Law

The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger Nov 2017

The "Public Uses" Of Eminent Domain: History And Policy, Errol E. Meidinger

Errol Meidinger

This paper examines the effects and implications of the ‘public use’ requirement for the exercise of eminent domain in the United States. It is part of an ongoing inquiry the consequences of eminent domain in the United States. The first part examines the history of the public use requirement, both how the doctrine has been articulated and logically extended and what purposes have been accomplished under it. The second part of the paper is an analytic critique of the public use doctrine. After considering whether any principled standard can be developed to delimit the proper uses of eminent domain, it …


Federalism Cases In The October 2004 Term, Erwin Chemerinsky Jun 2017

Federalism Cases In The October 2004 Term, Erwin Chemerinsky

Erwin Chemerinsky

No abstract provided.


Written Testimony Of Gerald S. Dickinson For The U.S. Senate Hearing On Fencing Along The Southwest Border (Senate Committee On Homeland Security And Governmental Affairs), Gerald S. Dickinson Apr 2017

Written Testimony Of Gerald S. Dickinson For The U.S. Senate Hearing On Fencing Along The Southwest Border (Senate Committee On Homeland Security And Governmental Affairs), Gerald S. Dickinson

Testimony

It is with great pleasure that I submit this written testimony at the request of the Office of the Ranking Member, Senator McCaskill. I am pleased that the Homeland Security and Governmental Affairs Committee is devoting its April 4, 2017 hearing to an examination of efforts to secure the southwest border through the construction of a wall. Further, as a law professor who writes and teaches in the areas of constitutional property and land use, I take great interest in the committee's focus on the legal authorities related to the wall construction along the U.S.-Mexico border.


Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02), Audrey Elzerman Feb 2017

Takings And Coastal Management (Legal Fact Sheet: Ctsg-17-02), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.