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Articles 1 - 8 of 8
Full-Text Articles in Law
Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher
Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
In the past, courts generally deferred to legislatures when determining whether a law constitutes a regulatory taking. However, not all regulations are treated equal, and different tests apply to different types of regulations. Types of land use actions with a lower threshold of constitutionally include exactions, and regulations that apply fixed fee schedules to private landowners. This article combs both federal and New York law to come to the clear determination that universal standards exist for each type of regulation.
Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger
Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger
American University Law Review
No abstract provided.
Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher
Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
Many local officials have the misguided belief that their utilization of land use regulation is greatly impeded by private rights to develop. However, land use regulations have a strong assumption of validity, with courts unlikely to overturn the regulations unless they are clearly erroneous or unreasonable or have no connection to a valid public interest. In addition to explaining development rights, this article provides the reader with insightful information on how local legislatures enact regulations while avoiding regulatory takings challenges.
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
Takings Formalism And Regulatory Formulas: Exactions And The Consequences Of Clarity, Mark Fenster
ExpressO
A vocal minority of the U.S. Supreme Court recently announced its suspicion that lower courts and state and local administrative agencies are systematically ignoring constitutional rules intended to limit, through heightened judicial review, exactions as a land use regulatory tool. Exactions are the concessions local governments require of property owners as conditions for the issuance of the entitlements that enable the intensified use of real property. In two cases decided over the past two decades, Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the Court has established under the Takings Clause a logic and metrics …
Fee At Last? Work Release Participation Fees And The Takings Clause, Sara Feldschreiber
Fee At Last? Work Release Participation Fees And The Takings Clause, Sara Feldschreiber
Fordham Law Review
No abstract provided.
A Taxing Settlement, Hanoch Dagan, James J. White
A Taxing Settlement, Hanoch Dagan, James J. White
Articles
The following essay is based on the talk "Government, Citizens, and Injurious Industries: A Case Study of the Tobacco Litigation," delivered by Hanoch Dagan last May to the Detroit Chapter of the International Association of Jewish Lawyers and Jurists, and on the article "Governments, Citizens, and Injurious Industries," by Dagan and James J. White, '62, which appeared in 75.2 New York University Law Review 254-428 (May 2000). The authors hold conflicting view on the underlying issue of this topic: tobacco company product liability. Professor Dagan holds the position that tobacco companies are liable for harm done by their products; Professor …
Taking The Takings Claim: A Policy And Economic Analysis Of The Survival Of Takings Claims After Property Transfers, Carol N. Brown
Taking The Takings Claim: A Policy And Economic Analysis Of The Survival Of Takings Claims After Property Transfers, Carol N. Brown
Law Faculty Publications
What ought to be the nature of an owner's right to pursue a regulatory takings claim when the regulation the owner seeks to challenge was in place when the owner acquired the regulated property? Some argue that an owner should not be entitled to challenge such a restriction as a Fifth Amendment taking if the property was already impaired by the regulation at the time the owner acquired it. Proponents of this view contend that allowing subsequent owners to challenge the enforcement of regulations, pre-dating their acquisition of title, and of which they had notice, would confer undeserved windfalls and …
The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach
The Takings Clause And The Separation Of Powers: An Essay, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The most fundamental environmental problem is this: across our nation there are literally hundreds of millions of acres of important natural resource lands-- farms, forests, wetlands, reservoir watersheds, shore lands, endangered species habitat--lands that have relatively little commercial value in their present natural condition, but which would have much greater commercial value if their natural values were degraded or destroyed. Stated differently, private property often will yield a much greater profit to its owner if it is used in ways that will harm or obliterate important environmental assets and values. For this reason, private owners are understandably tempted to supplant …