Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (10)
- Pepperdine University (9)
- Cleveland State University (4)
- Touro University Jacob D. Fuchsberg Law Center (4)
- Florida State University College of Law (3)
-
- Vanderbilt University Law School (3)
- Seattle University School of Law (2)
- Washington and Lee University School of Law (2)
- West Virginia University (2)
- Chicago-Kent College of Law (1)
- Maurer School of Law: Indiana University (1)
- Pace University (1)
- Roger Williams University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Baltimore Law (1)
- University of Maine School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Oklahoma College of Law (1)
- University of San Diego (1)
- Villanova University Charles Widger School of Law (1)
- Publication Year
- Publication
-
- Michigan Law Review (9)
- Pepperdine Law Review (8)
- Cleveland State Law Review (4)
- Touro Law Review (4)
- Florida State University Law Review (3)
-
- Seattle University Law Review (2)
- Vanderbilt Law Review (2)
- Washington and Lee Law Review (2)
- West Virginia Law Review (2)
- American Indian Law Review (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Indiana Law Journal (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Maryland Law Review (1)
- Ocean and Coastal Law Journal (1)
- Pace Environmental Law Review (1)
- Roger Williams University Law Review (1)
- San Diego Law Review (1)
- University of Baltimore Journal of Land and Development (1)
- University of Michigan Journal of Law Reform (1)
- Vanderbilt Journal of Entertainment & Technology Law (1)
- Villanova Law Review (1)
Articles 1 - 30 of 50
Full-Text Articles in Law
Whose Highest And Best? Including Economic Development And Individual Landownership In The Highest And Best Use Standard, Brigid Sawyer
Whose Highest And Best? Including Economic Development And Individual Landownership In The Highest And Best Use Standard, Brigid Sawyer
Catholic University Law Review
Real property is a finite resource. As a result, two theories of land use most frequently in tension are economic development and individual land ownership. In tracing key places in American history where these two theories conflict, it is seen that economic development is often prioritized over individual land ownership. This Comment analyzes the connections between the Founding Era philosophy on property law, Native American land takings, and eminent domain takings and proposes a new definition of the highest and best use valuation standard, one that accounts for both economic development and individual land ownership. This new standard allows both …
Property Owners Look Out: The Train Is Coming, Natalie Crane
Property Owners Look Out: The Train Is Coming, Natalie Crane
Seattle University Law Review
Over 4 million people currently live in the Puget Sound area in Washington state, and about 6 million people are expected to reside in the area by 2050. Additionally, Seattle renters faced a 71.2% increase in rent prices from 2010 to 2019. This data supports the need for much of the congested Seattle population to move outward and commute into the city for work. The implementation of a 116-mile system and other efforts to increase public transportation makes this need achievable and affordable.
This Comment focuses on the issue of just compensation in eminent domain; specifically, unique questions of compensation …
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten
Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten
Ocean and Coastal Law Journal
In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and the …
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney
President Trump's Big Beautiful Wall: Discrimination, Eminent Domain, And The Public Use Requirement, Meghan K. Tierney
Chicago-Kent Law Review
At a press conference held in Trump Tower New York City on June 16, 2015, Donald Trump announced his candidacy for President of the United States by promising to expand the border wall along the Southern United States. President Trump has insisted that his only reasons behind completely separating the United States from Mexico are to curtail illegal immigration and curb drug cartel activity, but many argue that his statements indicate a much more sinister motive based in racial discrimination. The public use requirement of the Fifth Amendment Takings Clause allows the federal government to take private land for the …
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
U.S. Supreme Court Surveys: 2016 Term. Murr. V. Wisconsin: Identifying The Proper "Parcel As A Whole" In Regulatory Takings Cases, Bruce I. Kogan
Roger Williams University Law Review
No abstract provided.
Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano
Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano
Pace Environmental Law Review
In light of the devastation left behind by the three most recent natural disasters in the northeast region—Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy—local and state governments are now implementing “buyout programs” in order to protect the future of beachfront and flood-prone communities. These programs may not be a perfect solution, so, while positions differ on whether to pursue taking private properties by use of eminent domain, it may be a favorable option in order to attain the ultimate goal of safety and resilience against future disaster. Section II of this paper will analyze the background and impacts that …
The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman
The Use Of Eminent Domain For Economic Development In Baltimore, Maryland: Ten Years After Kelo, Elva E. Tillman
Maryland Law Review
No abstract provided.
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz
Touro Law Review
No abstract provided.
Takings Cases In The October 2004 Term, Leon D. Lazer
Takings Cases In The October 2004 Term, Leon D. Lazer
Touro Law Review
No abstract provided.
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Federalism Cases In The October 2004 Term, Erwin Chemerinsky
Touro Law Review
No abstract provided.
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge
Zoning And The Vested Right To Use Property: There Ought To Be A Right! , Hugh Breckenridge
Pepperdine Law Review
No abstract provided.
The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman
The Relationship Of Just Compensation To The Land Use Regulatory Power: An Analysis And Proposal , Thomas P. Clark, Arthur G. Kidman
Pepperdine Law Review
No abstract provided.
Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin
Diminution In Value Is Not Inverse Condemnation: Hfh, Ltd. V. Superior Court , Daniel J. Gavin
Pepperdine Law Review
No abstract provided.
Agency Determination Concerning Delegation Of Sovereign's Pipeline Eminent Domain Power To Public Utility Interstate Pipeline Based Upon "Public Need" Comports With Dormant Commerce Clause: Substantial Evidence Review Applied To Public Need Determination: Lakehead Pipeline Company V. Illinois Commerce Commission, S. Ellyn Farley
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney
Pepperdine Law Review
No abstract provided.
Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle
Nollan V. California Coastal Commission: You Can't Always Get What You Want, But Sometimes You Get What You Need, Timothy A. Bittle
Pepperdine Law Review
No abstract provided.
Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne
Administrative Mandamus As A Prerequisite To Inverse Condemnation: "Healing" California's Confused Takings Law , Sharon L. Browne
Pepperdine Law Review
This article addresses and reviews the distinctions in purpose and scope between actions for inverse condemnation and petitions for administrative writs, traces the blending of these two very different instruments by the California courts, and shows how this policy has subverted constitutional rights in California.
Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle
Land Use Moratoria And Temporary Takings Redefined After Lake Tahoe?, Laura Hurmence Mckaskle
Pepperdine Law Review
No abstract provided.
The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner
The Public Use Clause: Constitutional Mandate Or "Hortatory Fluff"?, Gideon Kanner
Pepperdine Law Review
No abstract provided.
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan
Transcanada's Keystone Xl Pipeline: Politics, Environmental Harm & Eminent Domain Abuse, Ryan Harrigan
University of Baltimore Journal of Land and Development
No abstract provided.
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman
Cleveland State Law Review
This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Cleveland State Law Review
This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …
The "Public Use" Of Private Sports Stadiums: Kelo Hits A Homerun For Private Developers, Cristin F. Hartzog
The "Public Use" Of Private Sports Stadiums: Kelo Hits A Homerun For Private Developers, Cristin F. Hartzog
Vanderbilt Journal of Entertainment & Technology Law
Part I of this note briefly discusses the principle of eminent domain and the evolution of the Supreme Court's interpretation of the Takings Clause. Part II analyzes the application of the Court's interpretations of the "public use" requirement of the Takings Clause on the issue of whether it is proper for a state to exercise its power of eminent domain pursuant to a stadium development project. Finally, Part III offers a solution to the conflict between property owners' interests in keeping their land and cities' interests in creating economic growth.
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.
First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard
First English: The Fifth Amendment Requires Just Compensation For A Regulatory Taking, Anne E. Sheppard
Villanova Law Review
No abstract provided.
Keystone Bituminous Coal Association V. Debenedictis: A Regulatory Taking, Monique Van Damme
Keystone Bituminous Coal Association V. Debenedictis: A Regulatory Taking, Monique Van Damme
West Virginia Law Review
No abstract provided.
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Miotke V. City Of Spokane: Nuisance Or Inverse Condemnation—Theories For Government Environmental Liability, Gary L. Baker
Seattle University Law Review
A recent decision by the Washington State Supreme Court, Miotke v. City of Spokane, may broadly affect the right to and type of recovery that will be available to persons whose property rights are infringed either by an agent of the state or by private parties. Miotke involved the dumping of untreated sewage into a river, with the sewage flowing into a lake and interfering with lakefront property owners' enjoyment of their property. The court in Miotke faced a set of claims in property, tort, and state environmental law. The court recognized the significance of its decision and the …
State Acquisition Of Interests In Indian Land: An Overview, Blake A. Watson
State Acquisition Of Interests In Indian Land: An Overview, Blake A. Watson
American Indian Law Review
No abstract provided.
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
The Public Use Limitation In Eminent Domain: Handley V. Cook, Donna P. Grill
West Virginia Law Review
No abstract provided.