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Articles 1 - 8 of 8
Full-Text Articles in Law
Arcata Sports Complex Project, Susie Van Kirk
Arcata Sports Complex Project, Susie Van Kirk
Susie Van Kirk Papers
The City of Arcata is developing a sports complex, including playing fields and structures, on its property lying south and west of 7th and Union Streets. Prior to the commencement of construction, an archaeological investigation was performed to determine the extent and significance of a previously-identified prehistoric site. In addition to artifacts associated with the prehistoric time period, historic artifacts were also encountered. To assist in the evaluation of these artifacts, research of the historic component of the property was undertaken. This report discusses the historic environment and land use, land ownerships, biographical information on some of the families associated …
Jack Shaw Bridge, Susie Van Kirk
Jack Shaw Bridge, Susie Van Kirk
Susie Van Kirk Papers
To adequately assess the historical significance of the Mad River suspension bridge near Mountain View, commonly referred to as the Jack Shaw Bridge, it was necessary to research not only the bridge but the surrounding area as well. Resulting information provides a context or association for understanding the bridge's role in local history.
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Constitutional Law: Is Time Running Out For The Government To Dispute Regulatory Takings - Irst English Evangelical Lutheran Church V. City Of Los Angeles, Sharon A. Woodard
Campbell Law Review
This Note will trace the evolution of regulatory "temporary" takings from its roots in traditional eminent domain law and examine the practical effects of the Court's decision on regulatory takings analysis. The analysis will specifically question what period of time during the pendency of takings litigation will constitute a "considerable" enough length of time that it becomes a factor in takings analysis and remedies. This Note will conclude that although the First English decision will increase the number of challenges to regulator actions and increase regulator liability it probably will not enhance the actual compensation amount that aggrieved landowners receive.
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Toward An Economic Understanding Of Touch And Concern, Jeffrey E. Stake
Articles by Maurer Faculty
No abstract provided.
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Regulatory Taking: A Contract Approach, Ross B. Lipsker, Rebecca L. Heldt
Fordham Urban Law Journal
This Article begins by defining the parameters of the fifth amendment's taking clause. The Article then reviews the various tests used in determining whether governmental action constitutes a taking, and discusses the recent Supreme Court decisions within the framework of case law as it has evolved since the Court's 1922 landmark decision, Pennsylvania Coal Co. v. Mahon. Finally, the Article suggests a formula based on well-established contract principles for analyzing the impact of land use regulation on private property interests.
Aesthetic Regulation: A New General Rule, Michael Pace
Aesthetic Regulation: A New General Rule, Michael Pace
West Virginia 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.
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
For Unifying Servitudes And Defeasible Fees: Property Law's Functional Equivalents, Gerald Korngold
Articles & Chapters
While property scholars have argued persuasively for a unified law of servitudes and for a unified law of defeasible fees, Professor Korngold argues that further unification is necessary: the law should integrate servitudes and defeasible fees involving land use controls. Because these interests are functional equivalents, judicial results should not depend on the historical label attached to the interest. Courts should address the tension between freedom of contract and free alienability values that inhere in both interests. Professor Korngold focuses on significant issues that arise in both defeasible fees and servitudes contexts, including the forfeiture remedy, ownership in gross, permissible …