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Articles 1 - 7 of 7
Full-Text Articles in Law
Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf
Takings Term Ii: New Tools For Attacking And Defending Environmental And Land-Use Regulation, Michael Allan Wolf
Northern Illinois University Law Review
The constitutional rules of the game for environmental and land-use advocates and commentators shifted noticeably during the October 1991 Term of the United States Supreme Court. This article considers the impact of three recent cases--Lucas, Yee, and PFZ--on the structure and patterns of federal takings law and on the strategy employed by those charged with challenging or supporting regulations that arguably effect a taking of private property in the public interest.
Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach
Evolving Thresholds Of Nuisance And The Takings Clause, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This article reviews the historical tradition in which the common law core of nuisance has been the frequent subject of statutory additions and refinements, providing most of our modern law of land use and environmental protection. Until Lucas, the Takings Clause had not been treated as a charter establishing the courts as boards of revision to rethink and selectively veto legislative determinations in the land use field. Within the scope of “total takings,” however, Lucas has converted the Takings Clause from its original meaning and made it exactly that.
Dashed "Investment-Backed" Expectations: Will The Constitution Protect Property Owners From Excesses In Implementation Of The Growth Management Act?, Elaine Spencer
Seattle University Law Review
Section I briefly discusses the basic principles of takings law as enunciated by prior cases, as well as the United States Supreme Court's recent decision in Lucas v. South Carolina Coastal Council, and the Washington Supreme Court's recent decisions in Sintra, Inc. v. Seattle and Robinson v. Seattle. Although the Lucas decision has received considerable publicity, it advanced the state of the law rather little. The real guidance for future decisions arising out of the GMA will come from earlier United States Supreme Court decisions and the Washington Supreme Court's decisions in Sintra, Robinson, and Lutheran …
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Between Scylla And Charybdis: Growth Management Act Implementation That Avoids Takings And Substantive Due Process Limitations, Jeffrey M. Eustis
Seattle University Law Review
This Article begins with an overview of the GMA. It then proceeds with a summary of recent case law under the Takings Clause and substantive due process doctrine. After laying this groundwork, this Article focuses on four particular areas of growth management control and explores how local legislation implementing these areas of control would be analyzed under the Takings Clause and substantive due process. These four areas of land use regulation include: critical area protections, resource land designations, development phasing requirements for concurrency and urban growth areas, and impact fees for public facilities and services. This Article then concludes with …
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Takings Law, Lucas, And The Growth Management Act, John M. Groen, Richard M. Stephens
Seattle University Law Review
In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will …
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
"Taking" The Imperial Judiciary Seriously: Segmenting Property Interests And Judicial Revision Of Legislative Judgments, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
This Article examines the diversion of the Takings Clause from its historic limited role to that of a charter for courts to second-guess legislative determinations of land-use rights and wrongs. As we shall see, prior to Lucas the Supreme Court and others following its lead have generally not regarded the Takings Clause as a warrant for reaching de novo determinations on land use problems and then substituting such judicial determinations, if different, for those of the legislature. Some notable exceptions in the Claims Court and Federal Circuit will then be considered along with the ostensible Supreme Court authority, a sentence …
The Third Amendment: Forgotten But Not Gone, Tom W. Bell
The Third Amendment: Forgotten But Not Gone, Tom W. Bell
Tom W. Bell
Pity the Third Amendment. The other amendments of the United States Constitution's Bill of Rights inspire public adoration and volumes of legal research. Meanwhile, the Third Amendment languishes in comparative oblivion or, worse yet, suffers ridicule. The Third Amendment has especially suffered from a lack of serious and sustained legal analysis. This paper aims to fill the most glaring gaps in Third Amendment scholarship, so as to round out our knowledge of the Bill of Rights and to pay the Third Amendment respect long past due.