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Property Law and Real Estate

Eminent domain

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University of Michigan Law School

Articles 1 - 3 of 3

Full-Text Articles in Law

Judicial Takings: Musings On Stop The Beach, James E. Krier Jan 2014

Judicial Takings: Musings On Stop The Beach, James E. Krier

Articles

Judicial takings weren’t much talked about until a few years ago, when the Stop the Beach case made them suddenly salient. The case arose from a Florida statute, enacted in 1961, that authorizes public restoration of eroded beaches by adding sand to widen them seaward. Under the statute, the state has title to any new dry land resulting from restored beaches, meaning that waterfront owners whose land had previously extended to the mean high-tide line end up with public beaches between their land and the water. This, the owners claimed, resulted in a taking of their property, more particularly their …


Public Ruses, James E. Krier, Christopher Serkin Jan 2004

Public Ruses, James E. Krier, Christopher Serkin

Articles

The public use requirement of eminent domain law may be working its way back into the United States Constitution. To be sure, the words "public use" appear in the document-and in many state constitutions as well, but the federal provision applies to the states in any event-as one of the Fifth Amendment's limitations on the government's inherent power to take private property against the will of its owners. (The other limitation is that "just compensation" must be paid, of which more later.) Any taking of private property, the text suggests, must be for public use. Those words, however, have amounted …


Eminent Domain (Update), James E. Krier Jan 1992

Eminent Domain (Update), James E. Krier

Book Chapters

One of the most challenging and enduring puzzles in American constitutional law is how one distinguishes a compensable taking of power from a legitimate and noncompensable exercise of the police power. To suggest the Supreme Court’s approach to the question, Harry N. Scheiber, author of the Encyclopedia’s principal article on eminent domain, looked back and away from the Court to Chief Justice Lemuel Shaw of Massachusetts.