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Full-Text Articles in Property Law and Real Estate
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 …
From Piracy To Prostitution - State Forfeiture Of An Innocent Owner's Property: Bennis V. Michigan, Charlena Toro
From Piracy To Prostitution - State Forfeiture Of An Innocent Owner's Property: Bennis V. Michigan, Charlena Toro
Brigham Young University Journal of Public Law
No abstract provided.