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Full-Text Articles in Property Law and Real Estate
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
An Empirical Study Of Implicit Takings, James E. Krier, Stewart E. Sterk
William & Mary Law Review
Takings scholarship has long focused on the niceties of Supreme Court doctrine, while ignoring the operation of takings law “on the ground”—in the state and lower federal courts, which together decide the vast bulk of all takings cases. This study, based primarily on an empirical analysis of more than 2000 reported decisions over the period 1979 through 2012, attempts to fill that void.
This study establishes that the Supreme Court’s categorical rules govern almost no state takings cases, and that takings claims based on government regulation almost invariably fail. By contrast, when takings claims arise out of government action other …
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
An End-Run Around The Takings Clause? The Law And Economics Of Bivens Actions For Property Rights Violations, Arpan A. Sura
William & Mary Law Review
No abstract provided.
The Demise Of Federal Takings Litigation, Stewart E. Sterk
The Demise Of Federal Takings Litigation, Stewart E. Sterk
William & Mary Law Review
For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …
Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds
Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds
William & Mary Law Review
In the last several decades, there has been a marked shift in local government financing away from the use of general revenue taxes and toward nontax revenue-raising devices such as exactions. This Article argues that the Supreme Court, in its exaction cases, missed a golden opportunity to slow this troubling trend toward the greater privatization of local government financing. In addition, it explains how the Court's exaction cases are inconsistent with the goal of burden distribution as reflected in the Court's takings jurisprudence. The Article proposes that the constitutional standard applied to exactions be reformulated to account explicitly for burden …
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
Regulatory Takings And The Original Understanding Of The Takings Clause, Matthew P. Harrington
William & Mary Law Review
No abstract provided.
Foreword: Property Rights And Economic Development, Eric Kades
Foreword: Property Rights And Economic Development, Eric Kades
William & Mary Law Review
No abstract provided.
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
William & Mary Law Review
No abstract provided.
How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott
How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott
William & Mary Law Review
No abstract provided.
Inserting The Last Remaining Pieces Into The Takings Puzzle, Douglas W. Kmiec
Inserting The Last Remaining Pieces Into The Takings Puzzle, Douglas W. Kmiec
William & Mary Law Review
No abstract provided.
Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus
Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus
William & Mary Law Review
No abstract provided.
Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff
Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff
William & Mary Law Review
No abstract provided.
The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler
The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler
William & Mary Law Review
No abstract provided.
Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens
Land Acquisition And Coastal Resource Management: A Pragmatic Perspective, David Owens
William & Mary Law Review
No abstract provided.
The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey
The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey
William & Mary Law Review
No abstract provided.
Regulation Of Conduct In Relation To Land - The Need To Purge Natural Law Constraints From The Fourteenth Amendment, John E. Donaldson
Regulation Of Conduct In Relation To Land - The Need To Purge Natural Law Constraints From The Fourteenth Amendment, John E. Donaldson
William & Mary Law Review
No abstract provided.
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
Eminent Domain: Depreciated Reproduction Cost In The Valuation Of Trade Fixtures
William & Mary Law Review
No abstract provided.
Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert
Constitutional Law - Elements Of Reasonable Notice In Emeninent Domain Proceedings, Allan H. Harbert
William & Mary Law Review
No abstract provided.