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Property Law and Real Estate

Takings

University of Maryland Francis King Carey School of Law

Articles 1 - 4 of 4

Full-Text Articles in Law

Requiem For Regulation, Garrett Power Jan 2014

Requiem For Regulation, Garrett Power

Faculty Scholarship

This comment reviews U.S. Supreme Court decisions over the past 100 years which have considered the constitutional limitations on governmental powers. It finds that at the three-quarter mark of the 20th century, a remarkable set of Court precedents had swollen the regulatory powers of governments while shrinking private rights to property and contract. But since the Reagan years, a more conservative Court has undertaken to curtail governmental activity in general, and to limit federal, state, and local planning in particular. A number of 5-4 decisions expanded private property rights and contracted the scope of the federal “commerce power.” The comment …


The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey Jan 2006

The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Forgotten Federalism: The Takings Clause And Local Land Use Decisions, Melvyn R. Durchslag Jan 2000

Forgotten Federalism: The Takings Clause And Local Land Use Decisions, Melvyn R. Durchslag

Maryland Law Review

No abstract provided.


The Airport Noise Problem And Airport Zoning, Erwin Seago Jan 1968

The Airport Noise Problem And Airport Zoning, Erwin Seago

Maryland Law Review

No abstract provided.