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Full-Text Articles in Law

A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney Jan 2022

A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney

Seattle University Law Review

This Note advocates for Washington courts to adopt a system that universally allows evidence of environmental contamination on the private property taken in eminent domain proceedings. Part I of this Note discusses the history and progression of eminent domain and the broader constitutional roots of the Takings Clause. Part II explores Washington’s environmental remediation statute. Part III details the various approaches jurisdictions around the county have formulated to deal with this issue. Part IV argues Washington courts should adopt the inclusionary approach, which allows the introduction of environmental evidence in eminent domain proceedings.


Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn Jan 2018

Hb 434 - Eminent Domain, Ashley M. Bowcott, Derek M. Schwahn

Georgia State University Law Review

The Act amends Georgia’s eminent domain laws by providing an exception to the general rule that condemnations cannot be converted to any use, other than a public use, for twenty years. The Act creates a new procedure which requires the condemnor to petition the jurisdiction’s superior court to determine whether the property is blighted property. Additionally, the condemnor must provide notice to all owners of the alleged blighted property. If the court finds the land is blighted property, the condemnor must file a petition to condemn the property according to the established procedure set forth in Article 3 Chapter 2 …


Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani Jan 2016

Resilience And Raisins: Partial Takings And Coastal Climate Change Adaptation, Joshua Galperin, Zahir Hadi Tajani

Articles

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The …


Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp Jul 2008

Maintaining Government Accountability: Calls For A "Public Use" Beyond Eminent Domain, Gregory S. Knapp

Indiana Law Journal

No abstract provided.


Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb Jan 1978

Adminsitrative Law - Eligibility Under The Uniform Relocation Act: Federal Mortage Insurance And The Determination Of Displaced Person, Catherine Kalita Mclamb

Villanova Law Review

No abstract provided.


Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard Jan 1971

Statutory Pollution Control In Pennsylvania, Edward R. Paul, Michael J. Shepard

Villanova Law Review

No abstract provided.