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Full-Text Articles in Law
Forced Turnovers: Using Eminent Domain To Build Professional Sports Venues, Peter Montine
Forced Turnovers: Using Eminent Domain To Build Professional Sports Venues, Peter Montine
Washington Journal of Law, Technology & Arts
If a city wants to keep a professional sports team within its borders, can that city use the power of eminent domain to do so? Although cities have not been able to successfully condemn the actual sports franchises within their respective cities, they have been successful in condemning land for the development of new sports venues intended to entice their teams to stay. In 2005, the City of Arlington, Texas invoked the power of eminent domain to condemn and destroy houses to make room for the Dallas Cowboys’ new stadium. In 2006, New York City used eminent domain on land …
The Parcel As A Whole: Defining The Relevant Parcel In Temporary Regulatory Takings Cases, Laura J. Powell
The Parcel As A Whole: Defining The Relevant Parcel In Temporary Regulatory Takings Cases, Laura J. Powell
Washington Law Review
In regulatory takings cases, courts must look at the “parcel as a whole” rather than individual property interests to determine whether a taking has occurred. The Supreme Court, however, has not clarified how exactly the relevant parcel should be defined. The Federal Circuit’s recent decision in CCA Associates v. United States highlights the confusion surrounding the parcel as a whole. It also highlights the continuing need to clarify how the relevant parcel should be defined in temporary regulatory takings cases. This Comment analyzes the parcel as a whole in temporary regulatory takings cases, specifically those involving lost income. It argues …
More Market-Oriented Than The United States And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui
More Market-Oriented Than The United States And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui
Washington International Law Journal
Compared to the more illustrious conceptualization of private property, the conceptualization of public property remains at a surprisingly infantile stage. The very definition of public property is ambiguous. This article utilizes a comparative case study of traffic congestion policies in the United States, China, and Singapore to highlight the conceptual pitfalls posed by the current confusion on public property. This article proposes a refined public property framework that offers greater conceptual clarity on the real issues at stake. In particular, this article argues that “property” in public property should include regulatory permits while “public” in public property should not be …