Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Agricultural Labor Relations Act (1)
- Arkansas Game & Fish (1)
- Broward (1)
- Building (1)
- Bundle of sticks (1)
-
- Causby (1)
- Cedar Point Nursey v. Hassid (1)
- Condo (1)
- Condominium (1)
- Fifth Amendment (1)
- Fifth Amendment Takings Clause (1)
- Florida (1)
- Housing (1)
- Inspections (1)
- Kaiser Aetna (1)
- Loretto v. Teleprompter Manhattan CATV Corp. (1)
- Lucas v. S.C. Coastal Council (1)
- Miami (1)
- Miami-Dade (1)
- Penn Central Transportation Co. v. New York City (1)
- Penn Central test (1)
- Per se taking (1)
- Permanent Invasion (1)
- Private property (1)
- Property (1)
- PruneYard Shopping Center v. Robins (1)
- Regulation (1)
- State v. Shack (1)
- Supreme Court (1)
- Surfside (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
What’S Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence, Timothy M. Harris
What’S Your Damage?! The Supreme Court Has Wrecked Temporary Takings Jurisprudence, Timothy M. Harris
University of Miami Law Review
In Cedar Point Nursery v. Hassid, the U.S. Supreme Court unnecessarily expanded the Fifth Amendment’s Takings Clause. In doing so, the Court veered away from established precedent and overturned prior case law—without expressly admitting to doing so.
In 2021, the Court held that a California law allowing union organizers to access private property under certain conditions took away a landowner’s right to exclude others and was (apparently) immediately compensable under the Fifth Amendment’s Takings Clause. Prior law had subjected temporary takings to an uncertain, unpopular, and ambiguous balancing test—but the Cedar Point holding turned temporary takings jurisprudence on its head …
Condominium Law: How Florida Must Continue To Adapt In The Wake Of The Champlain Towers South Collapse, Austin Price
Condominium Law: How Florida Must Continue To Adapt In The Wake Of The Champlain Towers South Collapse, Austin Price
University of Miami Law Review
Condominiums represent a large portion of the housing inventory throughout the state of Florida. However, until recently, the maintenance of condominium buildings was left largely unregulated in most areas of the state. Only two counties, Broward and Miami-Dade, had inspection protocols in place, but each was limited in scope and allowed for long periods between inspections. Beyond those regulations, Florida law also gave residents the power to waive reserves even for the most important building components. After the tragic events that took place at Champlain Towers South, the state of Florida made great strides in improving the existing procedures by …