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Full-Text Articles in Property Law and Real Estate

Revisiting Background Principles In Takings Litigation, Michael C. Blumm, Rachel G. Wolfard Feb 2021

Revisiting Background Principles In Takings Litigation, Michael C. Blumm, Rachel G. Wolfard

Florida Law Review

Libertarian property rights enthusiasts celebrated the United States Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council as a landmark decision that would revolutionize interpretation of the Constitution’s takings clause and finally fulfill its potential as a vehicle for deregulation. Over a quarter-century later, the Lucas decision has failed to meet those expectations. A major reason is that Justice Antonin Scalia’s opinion created an exception that effectively swallowed the rule that Lucas established. Lucas held that land use regulations whose effect on landowners’ property produced a total loss of economic value were per se categorical takings. However, Justice …


A Reign Of Error: Property Rights And Stare Decisis, Michael Allan Wolf Jan 2021

A Reign Of Error: Property Rights And Stare Decisis, Michael Allan Wolf

UF Law Faculty Publications

Mistakes matter in law, even the smallest ones. What would happen if a small but substantively meaningful typographical error appeared in the earliest published version of a U.S. Supreme Court opinion and remained uncorrected for several decades in versions of the decision published by the two leading commercial companies and in several online databases? And what would happen if judges, legal commentators, and practitioners wrote opinions, articles, and other legal materials that incorporated and built on that mistake? In answering these questions, this Article traces the widespread, exponential replication of an error (first appearing in 1928) in numerous subsequent cases …