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This Note examines what state courts and lower federal courts have found to be background principles of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take a firm stance to protect property rights-and democracy-by making sure that the government follows the Constitutional mandate to pay just compensation when it regulates ...
The so-called property rights movement has hailed Palazzolo v. Rhode Island as a landmark win for la...
The U.S. Supreme Court distinguishes between appropriations and regulations of property rights when ...
The property clause of article IV grants Congress the authority to regulate federal lands. In referr...
This Note examines what state courts and lower federal courts have found to be background principle...
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina...
The United States Supreme Court recently decided a takings case that many hoped would provide much n...
Before 2001, state and federal courts did not agree on the extent to which a property owner’s regula...
Nearly a decade ago, the Supreme Court in Lucas v. South Carolina Coastal Council held that a regula...
This Article addresses the need for a more binding Supreme Court decision precluding states from red...
This article reviews the state of regulatory takings law after Palazzolo, with particular attention ...
Since Board of Regents of State Colleges v. Roth, the U.S. Supreme Court has defined property for du...
The nuisance exception to the Just Compensation Clause of the Fifth Amendment provides that a gove...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
The U.S. Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council was celebrated by ...
In recent years several states in that part of the United States commonly identified as the Middle ...
The so-called property rights movement has hailed Palazzolo v. Rhode Island as a landmark win for la...
The U.S. Supreme Court distinguishes between appropriations and regulations of property rights when ...
The property clause of article IV grants Congress the authority to regulate federal lands. In referr...
This Note examines what state courts and lower federal courts have found to be background principle...
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina...
The United States Supreme Court recently decided a takings case that many hoped would provide much n...
Before 2001, state and federal courts did not agree on the extent to which a property owner’s regula...
Nearly a decade ago, the Supreme Court in Lucas v. South Carolina Coastal Council held that a regula...
This Article addresses the need for a more binding Supreme Court decision precluding states from red...
This article reviews the state of regulatory takings law after Palazzolo, with particular attention ...
Since Board of Regents of State Colleges v. Roth, the U.S. Supreme Court has defined property for du...
The nuisance exception to the Just Compensation Clause of the Fifth Amendment provides that a gove...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
The U.S. Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council was celebrated by ...
In recent years several states in that part of the United States commonly identified as the Middle ...
The so-called property rights movement has hailed Palazzolo v. Rhode Island as a landmark win for la...
The U.S. Supreme Court distinguishes between appropriations and regulations of property rights when ...
The property clause of article IV grants Congress the authority to regulate federal lands. In referr...
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