If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory.
The regulation lists 21 examples of barrier removal likely to be “readily achievable” in many circumstances, ... 215 (1993); Michael F. Jones, Real Estate Impact of the Americans With Disabilities Act, 21 REAL ESTATE LAW J. 3 (1992) ...
Takings law centers on the requirement of the Fifth Amendment to the U.S. Constitution that just compensation be paid for property taken for public use, and the U.S. Supreme Court's holdings that excessive regulations of land use can effect ...
While much has been gained from the traditional legal scholars' doctrinal mode of analysis of the takings issue, this volume is presented in the belief that contributions from scholars from the various schools of thought that comprise Law ...
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues surrounding Fifth Amendment takings. * * * Governmental interference with property rights constitutes a taking if it "goes too far.
Smiley , 176 N.W.2d 239 ( S.D. 1970 ) ; In re Hood River , 114 Or . 112 , 227 P. 1065 ( 1924 ) , appeal dismissed , 273 U.S. 647 ( 1926 ) ; Baumann v . Smrha , 145 F. Supp 617 ( D. Kan . 1956 ) , aff'd , 352 U.S. 863 ( 1956 ) ...
Takings Law and the Supreme Court: Judicial Oversight of the Regulatory State's Acquisition, Use, and Control of Private Property
" Lingle, 544 U.S. at 537, 125 S.Ct. 2074. Regulatory takings claims, such as the one here, are "of more recent vintage." Tahoe-Sierra, 535 U.S. at 322, 122 S.Ct. 1465.
Regulatory takings implementation of Executive Order on government actions affecting private property use.
By contrast, a taking action (also "inverse condemnation")--our topic here--is the procedural reverse.
This landmark work is the first book-length treatment of "regulatory taking" the controversial legal concept that governmental regulation of private property use can amount to a "taking" that requires compensation....