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Full-Text Articles in Law
Ten Years Of Takings, Gregory Alexander
Ten Years Of Takings, Gregory Alexander
Gregory S Alexander
No area of property law has been more controversial in the past decade than takings. No aspect of constitutional law more sharply poses the dilemma about the legitimate powers of the regulatory state than the just compensation question. No question concerning constitutional property is more intractable than what sorts of government regulatory actions constitute uncompensated "takings" of private property. Limitations of space, not to mention my own ambivalence about many of the issues, prevent me from developing a complete normative theory of the proper scope of the Takings Clause. My aim here is vastly more modest: to outline the basic …
The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf
The Brooding Omnipresence Of Regulatory Takings: Urban Origins And Effects, Michael Allan Wolf
Michael A Wolf
This essay, written on the occasion of the 40th anniversary of the Fordham Urban Law Journal, discusses the urban settings for key regulatory takings decisions of the U.S. Supreme Court, reviews the state of expert commentary before the rebirth of regulatory takings in the high court, explores the complex relationship between liberal justices and private property rights protection, reviews regulatory takings scholarship that has appeared in the pages of this journal, and closes with some thoughts about the future of urban regulatory takings
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Strategies For Making Sea-Level Rise Adaptation Tools 'Takings-Proof', Michael Allan Wolf
Michael A Wolf
While the costs of some Sea-Level Rise (SLR) adaptation tools are undeniably daunting, the American legal system poses an additional, potentially budget-busting impediment — the Takings Clause of the Fifth Amendment to the United States Constitution. Officials at all governmental strata and from all three branches should keep the demands made by the Takings Clause, as interpreted by the judiciary, in mind as they choose tools from the diverse SLR-adaptation toolbox, as they justify their choices to the electorate and other constituencies, as they put those tools to use, and as they defend that use from litigants claiming abuse. This …
Exactions Creep, Lee Anne Fennell, Eduardo M. PeñAlver
Exactions Creep, Lee Anne Fennell, Eduardo M. PeñAlver
Eduardo M. Peñalver
The published version of this article is available at: http://scholarship.law.cornell.edu/facpub/1409/. How can the Constitution protect landowners from government exploitation without disabling the machinery that protects landowners from each other? The Supreme Court left this central question unanswered — and indeed unasked — in Koontz v. St. Johns River Water Management District. The Court’s exactions jurisprudence, set forth in Nollan v. California Coastal Commission, Dolan v. City of Tigard, and now Koontz, requires the government to satisfy demanding criteria for certain bargains — or proposed bargains — implicating the use of land. Yet because virtually every restriction, fee, or tax associated …