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Full-Text Articles in Property Law and Real Estate
The Realities Of Takings Litigation, Dave Owen
The Realities Of Takings Litigation, Dave Owen
BYU Law Review
This Article presents an empirical study of takings litigation against the United States. It reviews the cohort of takings cases filed against the federal government between 2000 and 2014, tracing each case from filing through final disposition. The result is a picture of takings litigation that is at odds with much of the conventional wisdom of the field. That conventional wisdom suggests that most takings cases will involve alleged regulatory takings; that the most intellectually challenging issues will arise within the field of regulatory takings; and, more broadly, that takings litigation will play an important role in the United States' …
Redefining The Boundary Between Appropriation And Regulation, Jessica L. Asbridge
Redefining The Boundary Between Appropriation And Regulation, Jessica L. Asbridge
BYU Law Review
The U.S. Supreme Court distinguishes between appropriations and regulations of property rights when interpreting the Fifth Amendment’s Takings Clause. While appropriations of any kind require just compensation to survive constitutional scrutiny, whether non-appropriative laws regulating property rights require compensation is determined on an ad hoc basis, guided by concerns of fairness and justness. In Cedar Point Nursery v. Hassid, the Court reaffirmed its prior precedent establishing the physical takings doctrine, providing that an appropriation is any government action that results in a physical invasion of an owner’s real property and a taking of the owner’s right to exclude. The Court …
A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly
A Half-Baked Law: How The Supreme Court's Decision In Koontz V. St. Johns River Water Management District Misses A Key Ingredient To Fifth Amendment Protection, Garrett W. Messerly
BYU Law Review
No abstract provided.
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
Utah's Enabling Act And Congress's Enclave Clause Authority: Federalism Implications Of A Renewed State Sovereignty Movement, Spencer Driscoll
BYU Law Review
No abstract provided.
That Land Is Your Land, This Land Is My Land … Until The Local Government Can Turn It For A Profit: A Critical Analysis Of Kelo V. City Of New London, Sonya D. Jones
Brigham Young University Journal of Public Law
No abstract provided.
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
Taking A Look At The Modem Takings Clause Jurisprudence: Finding Private Property Protection Under The Federal And Utah Constitutions, David W. Tufts
BYU Law Review
No abstract provided.
In The Aftermath Of Johnson And Eichman: The Constitution Need Not Be Mutilated To Preserve The Government's Speech And Property Interests In The Flag, Douglas W. Kmiec
In The Aftermath Of Johnson And Eichman: The Constitution Need Not Be Mutilated To Preserve The Government's Speech And Property Interests In The Flag, Douglas W. Kmiec
BYU Law Review
No abstract provided.
Just Compensation And The Condemnation Of Future Interests: Empirical Evidence Of The Failure Of Fair Market Value, Laura H. Burney
Just Compensation And The Condemnation Of Future Interests: Empirical Evidence Of The Failure Of Fair Market Value, Laura H. Burney
BYU Law Review
No abstract provided.
Inholders: An Endangered Species?, Wm. Kelly Nash
Inholders: An Endangered Species?, Wm. Kelly Nash
BYU Law Review
No abstract provided.
The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey
The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey
BYU Law Review
No abstract provided.