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Articles 211 - 240 of 353
Full-Text Articles in Property Law and Real Estate
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
Everyone Benefits, Everyone Pays: Does The Fifth Amendment Mandate Compensation When Property Is Damaged During The Course Of Police Activities?, C. Wayne Owen Jr.
William & Mary Bill of Rights Journal
The Fifth Amendment of the United States Constitution, along with similar provisions in state constitutions, forbids the taking of private property by the government for a public use without just compensation. Despite this protection, many courts have denied takings claims made by innocent third party landowners when police officers caused damage to their property during the course of executing their official duties. These courts held that the damage was not for a "public use" in the narrow sense, and have refused to analyze the claims under takings jurisprudence. This narrow view of "public use" ignores the fact that society as …
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
Anglicans, Merchants, And Feminists: A Comparative Study Of The Evolution Of Married Women's Rights In Virginia, New York, And Wisconsin, Joseph A. Ranney
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
Lucas V. South Carolina Coastal Council And Justice Scalia's Primer On Property Rights: Advancing New Democratic Traditions By Defending The Tradition Of Property, Gregory Daniel Page
William & Mary Environmental Law and Policy Review
No abstract provided.
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
The Pathology Of Property Norms: Living Within Nature's Boundaries, Lynda L. Butler
Faculty Publications
No abstract provided.
The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades
The Dark Side Of Efficiency: Johnson V. M'Intosh And The Expropriation Of Amerindian Lands, Eric Kades
Faculty Publications
No abstract provided.
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
William & Mary Environmental Law and Policy Review
No abstract provided.
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
Eight Principles For Property Rights In The Anti-Sprawl Age, Eric T. Freyfogle
William & Mary Environmental Law and Policy Review
No abstract provided.
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
William & Mary Environmental Law and Policy Review
No abstract provided.
Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Negotiated Development Denial Meets People's Court: Del Monte Dunes Brings New Wildcards To Exactions Law, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Faculty Publications
The United States Supreme Court Answered "YES" to the $1.45 million over exaction question for 1999. In City of Monterey v. Del Monte Dunes at Monterey Ltd., a unanimous court extended the scope of compensatory takings review beyond land dedication conditions into the realm of regulatory denial. Justice Kennedy's opinion vitalized the "legitimate state interests" test from Agins v. City of Tiburon to sustain an inverse condemnation conclusion and damage award to the frustrated developer. A majority of the court also concurred that the trial court may delegate this takings conclusion to the jury under federal civil rights law. The …
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
From Jeans To Genes: The Evolving Nature Of Property Of The Estate, A. Mechele Dickerson
Faculty Publications
No abstract provided.
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 3: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Where's Dolan? Exactions Law In 1998, Jonathan M. Davidson, Ronald H. Rosenberg, Michael C. Spata
Faculty Publications
No abstract provided.
The Morality Of Regulation, Loren A. Smith
The Morality Of Regulation, Loren A. Smith
William & Mary Environmental Law and Policy Review
No abstract provided.
Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Business, Commerce, And Property, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Takings And Causation, Jan G. Laitos
Takings And Causation, Jan G. Laitos
William & Mary Bill of Rights Journal
Constitutional protection of private property is grounded in a conflict between two legal principles--the government's power to regulate private property for the common good and the Constitution's limit on this power in the Takings Clause. The Takings Clause's check on government power conforms to John Rawls's philosophy, which rejects the utilitarian beliefs that government may act to achieve* the "good" of maximizing human happiness and that government can force people to trade certain political liberties for an improved distribution of wealth. Under Rawls's theory, the principle of "justice as fairness" limits a government's ability to require some people to bear …
The Delicate Art Of Balance - Ruminations On Change And Expectancy In Local Land Use, James E. Brookshire
The Delicate Art Of Balance - Ruminations On Change And Expectancy In Local Land Use, James E. Brookshire
William & Mary Law Review
No abstract provided.
Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus
Counting Votes And Discounting Holdings In The Supreme Court's Takings Cases, Richard J. Lazarus
William & Mary Law Review
No abstract provided.
Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff
Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff
William & Mary Law Review
No abstract provided.
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
The Armstrong Principle, The Narratives Of Takings, And Compensation Statutes, William Michael Treanor
William & Mary Law Review
No abstract provided.
Inserting The Last Remaining Pieces Into The Takings Puzzle, Douglas W. Kmiec
Inserting The Last Remaining Pieces Into The Takings Puzzle, Douglas W. Kmiec
William & Mary Law Review
No abstract provided.
The Takings-Puzzle Puzzle, James E. Krier
The Takings-Puzzle Puzzle, James E. Krier
William & Mary Law Review
No abstract provided.
How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott
How Takings Legislation Could Improve Environmental Regulation, E. Donald Elliott
William & Mary Law Review
No abstract provided.
The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler
The Politics Of Takings: Choosing The Appropriate Decisionmaker, Lynda L. Butler
William & Mary Law Review
No abstract provided.
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
Property Rights After Dolan: The Search For The Madisonian Solution To The Regulatory Takings Conundrum, Jeremy Walker
William & Mary Environmental Law and Policy Review
No abstract provided.
Creative Financing, Stefan F. Tucker
Creative Financing, Stefan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.
Hypotheticals: Numbers 1 & 2, Lisa M. Landry
Hypotheticals: Numbers 1 & 2, Lisa M. Landry
William & Mary Annual Tax Conference
No abstract provided.
The Like Kind Exchange: Everything You Need To Know, Whether Or Not You Wanted To Ask, Stefan F. Tucker
The Like Kind Exchange: Everything You Need To Know, Whether Or Not You Wanted To Ask, Stefan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.
The Year In Review: A Discussion Of Significant Regulations, Rulings And Cases, Stefan F. Tucker
The Year In Review: A Discussion Of Significant Regulations, Rulings And Cases, Stefan F. Tucker
William & Mary Annual Tax Conference
No abstract provided.
Planning For The Taxable Disposition Of Overleveraged Property, Blake D. Rubin
Planning For The Taxable Disposition Of Overleveraged Property, Blake D. Rubin
William & Mary Annual Tax Conference
No abstract provided.
Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School
Section 10: Property Rights And Environmental Laws, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.