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Article: Property pieces in compensation statutes: law's eulogy for Oregon's measure 37.
- Article from:
- Environmental Law
- Article date:
- September 22, 2008
- Author:
CopyrightCOPYRIGHT 2008 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
II. UNDERSTANDING OREGON'S MEASURE 37 AS RIGHTS WITHOUT PROPERTY
A. The Text of Measure 37
B. Understanding the Measure Through the Doctrine of Capture:
Excusing a Claimant From Earning a Property Expectation
C. Understanding the Measure as Piecing Out Property Duties
III. LAND USE CONTROLS: EUCLIDEAN ZONING, SMART GROWTH PLANNING,
AND THE ROLE OF PROPERTY DUTIES IN A PROPERTY SYSTEM
A. Euclidean Zoning as Providing the Average Reciprocity of
Advantage
B. Smart Growth and Property Value
C. Property Pieces in a System of Property Use
IV. CONCLUSION
It is not enough for the knight of romance ...