Article: Escaping the Takings Maze: Impact Fees and the Limits of the Takings Clause

Encyclopedia entry: Takings Clause
The Oxford Companion to the Supreme Court of the United States;      607 words ...Takings Clause More accurately called the Eminent Domain Clause, the Takings Clause is part of the Fifth Amendment to the Constitution ... Dolan v. City of Tigard (1994) that the Takings Clause is an integral part of the Bill of Rights ...

Article: THE INEVITABLE FAILURE OF NUISANCE-BASED THEORIES OF THE ...
Northwestern University Law Review;  October 1, 2004 ;     700+ words ... ... shaping the U.S. Constitution's Takings Clause. In the eighteen years since William ... they have a coherent theory of the Takings Clause, while the Court's conservatives ... conservatives with a coherent theory of the takings clause.5 Finally, he argues that the coherent ...

Article: Dolan v. City of Tigard: another step in the right ...
Environmental Law;  January 1, 1995 ;     700+ words ...I. JUDICIAL BALANCING AND THE TAKINGS CLAUSE The Supreme Court's decision in Dolan ... particularly troublesome in the context of the takings clause which, by its terms, permits the ... to be affected.(15) Although the takings clause is viewed by most advocates of land ...

Article: Come hell or high water: reexamining the takings ...
Duke Environmental Law & Policy Forum;  March 22, 2008 ;     700+ words ... ... the public trust doctrine and the takings clause of the Fifth Amendment. The public ... contentious issues arising out of the takings clause involved determining whether a government ... of the public trust doctrine and the takings clause. It argues that it should not be considered ...

Article: An end-run around the takings clause? The law and ...
William and Mary Law Review;  April 1, 2009 ;     700+ words ... ... Torts Approach B. Approach Two: The Takings Clause Approach C. The Superiority of the ... SLOWING THE END-RUN AROUND THE TAKINGS CLAUSE A. The End-Run Explained B. Righting ... agents can make an end-run around the Takings Clause and extract property rights through ...

Article: COMPENSATION FOR THE FRUIT OF THE FUND'S USE: THE TAKINGS ...
Northwestern University Law Review;  January 1, 2004 ;     700+ words ... ... private property" for purposes of the Takings Clause,2 the majority in Phillips v. Washington ... Legal Foundation may have encouraged Takings Clause challenges to the tax withholding system ... year without compensation.19 The Takings Clause of the Fifth Amendment of the United ...

Article: Expanding the protections of the Takings Clause.
Trial;  September 1, 2001 ;     700+ words ...Expanding the protections of the Takings Clause There has been speculation for years ... owners under the Fifth Amendment's Takings Clause, which provides that the government ... important decision further expanding Takings Clause protections. Palazzolo v. Rhode Island ...