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Land Use Law

William & Mary Law School

Journal

Eminent Domain

Articles 1 - 4 of 4

Full-Text Articles in Law

Exploiting Ambiguity In The Supreme Court: Cutting Through The Fifth Amendment With Transferable Development Rights, Trevor D. Vincent Oct 2016

Exploiting Ambiguity In The Supreme Court: Cutting Through The Fifth Amendment With Transferable Development Rights, Trevor D. Vincent

William & Mary Law Review

No abstract provided.


Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows Feb 2011

Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows

William & Mary Environmental Law and Policy Review

No abstract provided.


Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds Mar 2006

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 …


The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey Apr 1983

The Mentally Retarded And Private Restrictive Covenants, Thomas F. Guernsey

William & Mary Law Review

No abstract provided.