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Full-Text Articles in Law
Celebrating Tahoe-Sierra, Richard J. Lazarus
Celebrating Tahoe-Sierra, Richard J. Lazarus
Georgetown Law Faculty Publications and Other Works
The Court's ruling in Tahoe-Sierra is a realization of the current Court's potential to reach a sensible result in a regulatory takings case. Tahoe-Sierra is a major victory for government regulators and environmentalists, but not because it eliminates the takings issue as a substantial concern. Tahoe-Sierra instead finds its significance in its restoration of balance to the Court's takings jurisprudence, signified by a new Court majority with Justice Scalia relegated to a dissent. Without reversing the Court's recent rulings in favor of landowners in takings cases, the Court makes clear that a majority of the Justices have never been prepared …
Intergenerational Condemnation, Donald H. Gjerdingen
Intergenerational Condemnation, Donald H. Gjerdingen
Articles by Maurer Faculty
Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …