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Public Takings By The State For Private Use: A Maryland Case Study In Georges Creek Coal & Iron Company V. New Central Coal Company (1871-1874), Joshua T. Carback
Public Takings By The State For Private Use: A Maryland Case Study In Georges Creek Coal & Iron Company V. New Central Coal Company (1871-1874), Joshua T. Carback
Legal History Publications
This paper examines the legal controversy concerning New Central Company’s attempt to execute a public taking of the land of the Georges Creek Coal and Iron Company for its private use to build a railroad. This paper analyzes the significance of the case within the social, economic, and political context of the town of Lonaconing in Allegany County, Western Maryland, where the parties were situated. This paper also traces the procedural history of the case, including its appearance before the Allegany Circuit Court in 1872, and before the Maryland Court of Appeals in 1873 and 1874. Finally, this paper presents …
On Bargaining For Development, Timothy M. Mulvaney
On Bargaining For Development, Timothy M. Mulvaney
Faculty Scholarship
In his recent article, Bargaining for Development Post-Koontz, Professor Sean Nolon concludes that the Supreme Court’s recent ill-defined expansion of the circumstances in which land use permit conditions might give rise to takings liability in Koontz v. St. John’s River Water Management District will chill the state’s willingness to communicate with permit applicants about mitigation measures. He sets out five courses that government entities might take in this confusing and chilling post-Koontz world, each of which leaves something to be desired from the perspective of both developers and the public more generally.
This responsive essay proceeds in two parts. First, …