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Through a Glass Clearly: Predicting the Future in Land Use Takings Law
|Title:||Through a Glass Clearly: Predicting the Future in Land Use Takings Law|
|Authors:||Callies, David L.|
|Publisher:||Washburn Law Journal|
|Citation:||Callies, D. (2014). Through Glass Clearly: Predicting the Future in Land Use Takings Law. Washburn Law Journal 54(1), 43-104.|
|Abstract:||The subject of takings-the government taking of an interest in real property, either through eminent domain or through the exercise of the police power-has been the subject of continuous litigation for nearly a century. The past ten years have been particularly fruitful, as litigants struggle with the meaning and extent of the Fifth Amendment's Public Use Clause and the extent to which the overzealous exercise of the police power can sufficiently deprive a landowner of rights in property so that the property has been "taken" by regulation, ever since Justice Holmes opined in Pennsylvania Coal Co. v. MahonI that a regulation that goes "too far" is a constitutionally-proscribed taking. Thus, in the area of physical taking, we have the expansion of public use-use by the public-to include public purpose (Kelo v. City of New London2 and Hawaii Housing Authority v. MidkifJ3 ), leaving very little room for landowner defense unless the physical taking can be proven "pretextual."|
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Callies, David L.|
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