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Articles 1 - 13 of 13
Full-Text Articles in Law
Takings In Disguise: The Inequity Of Public Nuisance Receiverships In America’S Rust Belt, Anna Kennedy
Takings In Disguise: The Inequity Of Public Nuisance Receiverships In America’S Rust Belt, Anna Kennedy
Washington and Lee Journal of Civil Rights and Social Justice
Since they were created in the 1980s in Cleveland, Ohio, public nuisance receiverships have spread across the American Rust Belt. This Note critically analyzes the legal implications of public nuisance receiverships, which involve the intrusion onto private property for public purposes. Despite claims that these actions align with exceptions to due process or public nuisance principles, a deeper examination reveals their fundamental nature as government takings of private property. This Note dissects the legal framework within the context of the Fifth Amendment, debunking the applicability of the public nuisance exception, establishing that receiverships constitute takings, and highlighting conflicts with Anti-Kelo …
Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop
Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop
Washington and Lee Law Review
In the twentieth century, the American agricultural industry underwent significant changes—while most food animals were once raised on small family farms, now, over fifty percent are produced entirely inside concentrated animal feeding operations. These large‑scale farming operations house hundreds to thousands of cows, swine, or chickens, which collectively produce hundreds of millions of tons of waste per year. The primary method of waste disposal is land application, a process in which waste is sprayed or spread onto land with no required pretreatment. After land application, waste byproducts make their way into the surrounding air and waterways, posing significant threats to …
Opportunity Zones Providing Opportunity For Whom?: How The Current Regulations Are Failing And A Solution To Uplift Communities, Ruta R. Trivedi
Opportunity Zones Providing Opportunity For Whom?: How The Current Regulations Are Failing And A Solution To Uplift Communities, Ruta R. Trivedi
Washington and Lee Journal of Civil Rights and Social Justice
In 2017, the newly enacted Tax Cuts and Jobs Act created an incentive for taxpayers to invest in Qualified Opportunity Zones— census tracts that consist of low-income communities. These investments, which are incentivized via lucrative tax deferral benefits, are intended to uplift communities and leave them in a better position than they were pre-investment. However, the initiative lacks regulation requiring investments to actually benefit low-income areas, resulting in money going to places that do not need help, while communities that are in need may face displacement. This is a result of many wealthy investors finding that luxury projects are the …
Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley
Climate Change, Sustainability, And The Failure Of Modern Property Theory, Jill M. Fraley
Scholarly Articles
Property rights are, I argue, the single largest legal limitation on our ability to respond effectively to the climate change crisis. This is because our understanding of the scope of property rights shapes and limits legal concepts such as regulatory takings, land use law, common law tort and property claims, and statutory environmental regulation. Property sets our cultural norms about how much the government can or should control the uses of land. The goals of this Article are to (1) historically demonstrate the failures of sociallyoriented property theory as they are represented in the analytical framework of doctrines such as …
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman
This Land Is Your Land? Survey Delegation Laws As A Compensable Taking, Doug Chapman
Washington and Lee Journal of Civil Rights and Social Justice
While every state in the Union has a statute delegating in some form surveying authority to private entities, the practice has been especially visible and controversial due to pipeline construction in the Commonwealth of Virginia. A major point of contention in pipeline development has centered upon the ability of private companies to use delegated eminent domain powers to survey land for possible future development. While recent decisions by both a federal Virginia District Court and the state’s Supreme Court have upheld the state’s surveying delegation law from landowner challenges, the issue is far from resolved. Virginia therefore provides an ideal …
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
The Material Burden Test: The Better Method Of Determining Takings Issues Arising Under Section 621(A)(2) Of The Cable Communications Policy Act Of 1984
Washington and Lee Law Review
No abstract provided.
On Vested Rights To Land Use And Development, Grayson P. Hanes, J. Randall Minchew
On Vested Rights To Land Use And Development, Grayson P. Hanes, J. Randall Minchew
Washington and Lee Law Review
No abstract provided.
Kaiser Aetna V. United States, Lewis F. Powell Jr.
Kaiser Aetna V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Virginia Subdivision Law: An Unreasonable Burden On The Unwary
Virginia Subdivision Law: An Unreasonable Burden On The Unwary
Washington and Lee Law Review
No abstract provided.
Zoning For Aesthetics Substantially Reducing Property Values
Zoning For Aesthetics Substantially Reducing Property Values
Washington and Lee Law Review
No abstract provided.
Compensation For The Right Of Access To Navigable Waters
Compensation For The Right Of Access To Navigable Waters
Washington and Lee Law Review
No abstract provided.