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Full-Text Articles in Law
U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin
U.S. Supreme Court’S 2004 Term Includes Significant Land Use Decisions With A Trilogy Of Takings Cases, Patricia E. Salkin
Scholarly Works
No abstract provided.
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Community Redevelopment, Public Use, And Eminent Domain, Patricia E. Salkin, Lora A. Lucero
Scholarly Works
Published just weeks before the U.S. Supreme Court handed down their controversial decision on Kelo v. City of New London in 2005, this article, in correctly predicting the outcome of the Supreme Court opinion, explores in Section I how the concept of what constitutes a public use has evolved over the decades from traditionally accepted uses such as public roads, buildings (e.g., government buildings and schools), and utilities to urban redevelopment. It explains how the broad concepts of community redevelopment have been stretched to encompass needed economic development projects that promise jobs, tax revenue, and other public benefits similar to …
Mind The Gap: Expansion Of Texas Governmental Immunity Between Takings And Tort., Jadd F. Masso
Mind The Gap: Expansion Of Texas Governmental Immunity Between Takings And Tort., Jadd F. Masso
St. Mary's Law Journal
In Jennings v. City of Dallas, the city’s wastewater collection division was dispatched to unstop a clogged sewer main but instead caused sewage to spew into the Jennings’ home with dramatic force, causing extensive damage. The Jennings subsequently filed suit against the city, alleging its actions constituted an unconstitutional taking, damaging, or destruction of their property for public use without adequate compensation in violation of Article I, § 17 of the Texas Constitution. The issue presented from the case was whether an individual citizen should be liable for such losses when the damage—as an incident to governmental action—in effect benefits …
Gone Too Far: Measure 37 And The Perils Of Over-Regulating Land Use, Sara C. Bronin
Gone Too Far: Measure 37 And The Perils Of Over-Regulating Land Use, Sara C. Bronin
Sara C. Bronin
In November 2004, Oregonians passed a ballot measure, Measure 37, that presented a radical remedy for landowners by preventing the state from engaging in regulatory takings without compensating landowners. It required that local governments either monetarily compensate landowners whose properties fall in value as a result of land use regulations or, under certain conditions, exempt those landowners from the regulations altogether. At its core, Measure 37 addressed Oregon voters' concern that - for all the good the land use system had done - the government had gone too far in prohibiting landowners from using their land as they saw fit. …