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Articles 181 - 187 of 187
Full-Text Articles in Law
A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach
A Unifying Theory For The Just-Compensation Cases: Takings, Regulation And Public Use, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This discussion begins with some remarks concerning the concept of property as a general matter. It will then consider briefly an approach to the problem which, though promising and advanced, nevertheless falls short of achieving an internally consistent, unifying theory. Following this introduction, an attempt will be made to specify the two distinctive conceptual components of property interests on whose difference the cases seem to turn, and then to demonstrate the suitability of this conceptual distinction as the foundation for a coherent theory of the law.
Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace
Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace
Publications
No abstract provided.
Recent Developments
William & Mary Environmental Law and Policy Review
No abstract provided.
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan
St. Mary's Law Journal
This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …
The Airport Noise Problem And Airport Zoning, Erwin Seago
The Airport Noise Problem And Airport Zoning, Erwin Seago
Maryland Law Review
No abstract provided.
Takings And The Police Power, Joseph Sax
Taking Of Equitable Easements For Public Use, Edgar N. Durfee
Taking Of Equitable Easements For Public Use, Edgar N. Durfee
Articles
The case of Flynn v. New York &c Railway Co., decided by the Court of Appeals of New York in April last, involves the right of an owner of land to which is appurtenant a so-called equitable easement, arising under a covenant restricting the use of other land, to compensation upon the taking of the servient land for a public use inconsistent with the restriction. A tract of land was laid out in accordance with a plan, and all, lots therein were sold and conveyed by deeds containing covenants, inter alia, that, "No building or structure for any business purpose …