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The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young
The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young
Georgetown Environmental Law & Policy Institute Papers & Reports
This report by the Georgetown Environmental Law & Policy Institute, entitled "The Track Record on Takings Legislation: Lessons from Democracy's Laboratories," examines the experiences of Florida, Oregon, and several other states with legislation implementing the property rights agenda. The report is the first comprehensive effort to systematically identify and evaluate the on-the-ground consequences of so-called takings "compensation" laws. The major findings of the report are that the takings agenda has undermined community protections by forcing a roll back of existing legal rules and/or by exerting a chilling effect on new legislative activity, special interests such as developers and timber companies …
The Original Understanding Of The Takings Clause, William Michael Treanor
The Original Understanding Of The Takings Clause, William Michael Treanor
Georgetown Environmental Law & Policy Institute Papers & Reports
The champions of the property rights movement claim that they are fighting to restore the original understanding of the Takings Clause of the Fifth Amendment. They invoke James Madison and other founding fathers as support for proposed statutes that require the federal government to pay property owners when it prevents them from harming the environment or jeopardizing the survival of endangered species. Wetlands regulation, it is often said, "takes" property by diminishing its value, and the founders adopted the Takings Clause to ensure that, when government regulations diminished the value of property, the owner would receive compensation. Increasing numbers of …