References in periodicals archive ?
That was my first contact with takings law, and the joy was unalloyed.
such regulations often are not compensable under existing takings law.
This approach flouts the basic logic of the takings law, which holds that we should always look to the loss of the owner and not to the gain of the state or those with whom it deals.
To better understand the Tahoe-Sierra decision, and its impact on temporary takings law, it will be useful to review three key takings tests: the general test outlined in Penn Central Transportation Co.
The result of this citation to Euclid, Nectow, and Goldblatt, however, was the accidental incorporation of the substantive due process substantially advance standard into takings law.
Of far greater interest to Kelman is an argument that extends current takings law by recognizing the inherent legitimacy of both taxation and regulation, but restricts the latter to cases is which there is some demonstrable market failure.
The premise of a progressive approach to takings law is that ownership is not merely a bundle of rights, but also a social institution that creates bonds of commitment and responsibility among owners and others affected by the owners' properties.
On this point, the argument of this Case Note differs significantly from those of other commentators who have argued for the greater use of nuisance and takings law based on current property rights (whether in land or water) to protect the environment.
It demonstrated who really stood to gain from the takings law, and environmentalists hit hard on the $300 million to $900 million per year the measure would cost the taxpayers.
Washington passed the first new takings law in 1991 as part of its growth management act, requiring the attorney general to adopt guidelines to help state and local government agencies evaluate proposed regulations that might effect a taking.