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Full-Text Articles in Law

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata Oct 1999

Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata

Faculty Publications

The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …


From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson Apr 1999

From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson

Faculty Publications

No abstract provided.


Digital Recording Of Real Estate Conveyances, Dale A. Whitman Jan 1999

Digital Recording Of Real Estate Conveyances, Dale A. Whitman

Faculty Publications

The purpose of this article is to describe how such a revolutionary change in the recording system can take place, and to identify and discuss the major policy issues that must be resolved in order to accomplish it. This change ought to happen. Failure to update the system will result in the continued imposition of unnecessary costs and delays on those who buy, sell, or mortgage real estate in America.