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Full-Text Articles in Law

The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young Jun 2008

The Track Record On Takings Legislation: Lessons From Democracy's Laboratories, John D. Echeverria, Thekla Hansen-Young

Georgetown Environmental Law & Policy Institute Papers & Reports

This report by the Georgetown Environmental Law & Policy Institute, entitled "The Track Record on Takings Legislation: Lessons from Democracy's Laboratories," examines the experiences of Florida, Oregon, and several other states with legislation implementing the property rights agenda. The report is the first comprehensive effort to systematically identify and evaluate the on-the-ground consequences of so-called takings "compensation" laws. The major findings of the report are that the takings agenda has undermined community protections by forcing a roll back of existing legal rules and/or by exerting a chilling effect on new legislative activity, special interests such as developers and timber companies …


The National Environmental Policy Act In The Urban Environment: Oxymoron Or A Useful Tool To Combat The Destruction Of Neighborhoods And Urban Sprawl?, Hope M. Babcock Jan 2008

The National Environmental Policy Act In The Urban Environment: Oxymoron Or A Useful Tool To Combat The Destruction Of Neighborhoods And Urban Sprawl?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

To some, applying the National Environmental Policy Act (NEPA) to decisions affecting land use in an urban or built environment is an oxymoron. Cities have historically not been seen “as natural entities but as foreign impositions upon the native landscape,” places where the physical environment is already largely destroyed or reduced to insignificant remnants. Moreover, detecting the required federal presence to trigger NEPA may initially seem difficult when decisions affecting urban resources appear to be principally made by local or state agencies.

At the Institute for Public Representation (IPR) at the Georgetown University Law Center, the author has learned that …