Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Legal Crisis Within The Climate Crisis, Mark P. Nevitt
The Legal Crisis Within The Climate Crisis, Mark P. Nevitt
Faculty Articles
Climate change creates a difficult choice for property owners and governmental officials alike: Should they invest in costly climate adaptation measures or retreat from climate-exposed areas? Either decision is fraught with legal uncertainty, running headfirst into antiquated legal doctrines designed for a more stable world. Climate impacts to the coastline are forcing policymakers to consider four adaptation tools: (1) resisting climate impacts by building sea walls and armoring the shoreline; (2) accommodating those impacts by elevating existing structures; (3) managed retreat such as systematically and preemptively moving people out of harm’s way; and (4) reactively moving people to new locations …
The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo's Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria
The Case For The Rodeo: An Analysis Of The Houston Livestock Show And Rodeo's Inverse Condemnation Case Against The City Of Houston, Emilio R. Longoria
Faculty Articles
This Article will explore questions at the frontier of eminent domain law using the Houston Rodeo's 2020 closure as its case study. In doing so, it will attempt to clear the muddied waters of the Court's jurisprudence on compensable takings. Because of the Rodeo's location, and because of the Supreme Court's recent decision in Knick v. Townshjp of Scott, this analysis will be done using both federal and Texas law. However, since many state jurisdictions either parallel federal takings law or have made their respective takings statutes more stringent - finding compensable takings more easily than Texas or the federal …