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A Proposal For Establishing Specialized Federal And State "Takings Courts", John Martinez
A Proposal For Establishing Specialized Federal And State "Takings Courts", John Martinez
John Martinez
A Proposal for Establishing
Specialized Federal and State "Takings Courts"
By John Martinez, Professor of Law
S.J. Quinney College of Law
at the University of Utah
ABSTRACT
Takings doctrine is a mess. This article proposes that we just accept that -- and establish specialized federal and state "takings courts" for adjudicating takings claims.
In 1978 the United States Supreme Court confessed that takings analysis is hopelessly ad hoc. And in 2005, the Court abrogated a test for takings which it had followed for 25 years. Indeed, some scholars have even resigned themselves to embracing vagueness as a virtue in takings …