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Full-Text Articles in Law
Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe
Exacting Inclusion: Property Theory, The Character Of Government Action, And Implicit Takings, Donald J. Smythe
Faculty Scholarship
Recent takings cases challenging inclusionary housing ordinances tap into an ongoing controversy about whether government interventions in the housing market do more harm than good; but they also raise much more general questions about takings law. This Article uses the controversy raised by recent housing cases to probe the relationship between the Supreme Court’s regulatory takings jurisprudence and its exaction takings jurisprudence and to suggest a more coherent approach to implicit takings. The Court’s exaction takings jurisprudence is well-designed if it is applied appropriately. As a general matter, it encourages the mitigation of socially harmful nuisances, incentivizes developers to make …
Does A Rising Tide Lift All Boats? Sea Level Rise, Land Use, And Property Rights, Laura M. Padilla
Does A Rising Tide Lift All Boats? Sea Level Rise, Land Use, And Property Rights, Laura M. Padilla
Faculty Scholarship
This Article considers the competing interests of landowners, governments, and academics; Part I describes the problem-sea level rise and its projected acceleration. Part II details sea level rise physical and economic impacts. Part III discusses a range of adaptation responses to the problem, and Part IV explores the sea level rise-adaptation strategies' potential legal challenges. This Article focuses on California, but the problems, solutions, and challenges pervade coastal communities everywhere.