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Full-Text Articles in Law
Property Rights On The New Frontier: Climate Change, Natural Resources Development, And Renewable Energy, Alexandra B. Klass
Property Rights On The New Frontier: Climate Change, Natural Resources Development, And Renewable Energy, Alexandra B. Klass
Alexandra B. Klass
This Article explores the history of natural resources law and pollution control law to provide insights into current efforts by states to create wind easements, solar easements, and other property rights in the use of or access to renewable resources. Development of these resources is critical to current efforts to address climate change, which has a foot in both natural resources law and pollution control law. This creates challenges for developing theoretical and policy frameworks in this area, particularly surrounding the role of property rights. Property rights have played an important role in both natural resources law and pollution control …
Physical Takings, Regulatory Takings, And Water Rights, Josh Patashnik
Physical Takings, Regulatory Takings, And Water Rights, Josh Patashnik
Josh Patashnik
Alleged takings of property are divided into two broad categories: physical takings claims, which are categorically subject to compensation, and regulatory takings claims, which are analyzed under the multi-factor Penn Central test and rarely result in compensation being paid. This Article addresses the question of whether alleged takings of water rights should be treated as physical or regulatory takings. It is an increasingly salient question in the West, where growing conflict between federal environmental laws and appropriative water rights has resulted in a proliferation of takings claims over the past decade. Because whether a claim is analyzed as a physical …