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Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley
Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley
Seattle University Law Review
Part II of this Comment provides a background of regulatory takings jurisprudence, outlining both the U.S. Supreme Court's and Washington courts' respective analyses of regulatory takings challenges under the takings clauses of both the U.S. and Washington Constitutions. Part III discusses the threshold compensation statutes that have been enacted by four states in an effort to remedy the problem of regulatory takings. Part IV examines Oregon's Measure 37 and the lawsuit that validated its constitutionality. Part V analyzes Washington's proposed property rights measure, Initiative 933, and argues that Washington needs a regulatory takings compensation statute. Finally, Part VI concludes that …
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
The Endangered Species Act: Does "Endangered" Refer To Species, Private Property Rights, The Act Itself, Or All Of The Above?, Diana Kirchheim
Seattle University Law Review
This Comment will focus on the current problems of the ESA and suggest how the ESA can be rewritten to accommodate both environmental and private property interests. Section I will discuss procedure under the ESA. In Section II, the Comment examines the controversial "harm" definition frequently arising in ESA litigation. In Section III, the Comment will dispel the myth that the ESA is currently operating as originally intended and will discuss the reasons why private property owners criticize the current ESA. Section IV will examine a proposal for reauthorizing the ESA written by Senator Dirk Kempthorne (R-Idaho) that Congress failed …