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Land Use Law Commons

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Supreme Court of the United States

Michigan Law Review

Eminent domain

Publication Year

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Full-Text Articles in Land Use Law

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey Jun 1958

Landowners' Rights In The Air Age: The Airport Dilemma, William B. Harvey

Michigan Law Review

If Lord Tennyson had been a student of the common law, he might well have qualified his poetic foresight of "the heavens fill[ed] with commerce" by some cautious reference to the complaints of landowners below against the "pilots of the purple twilight, dropping down with costly bales." The result doubtless would have been poorer poetry but a far more accurate forecast of the problems to confront mid-20th century lawyers. Although the phenomenal growth of civil aviation since the first World War has opened up a host of difficulties, the only ones of concern in this article are those presenting the …


Constitutional Law - Public Use Requirement And The Power Of Eminent Domain, Donald F. Oosterhouse S.Ed. Apr 1955

Constitutional Law - Public Use Requirement And The Power Of Eminent Domain, Donald F. Oosterhouse S.Ed.

Michigan Law Review

Under the District of Columbia Redevelopment Act, an agency was created to redevelop blighted and slum areas. Pursuant to the mode of operation prescribed in the statute, the agency intended to purchase or take by eminent domain all the property in the vicinity of appellant's property. After getting title to all the property the agency was to lease or sell it to private enterprisers to redevelop the area according to the agency's comprehensive plan, which specified definite boundaries for various uses. Appellant brought this action to enjoin the condemnation of his business property, claiming that the statute was unconstitutional because …