TITLE

PROPERTY RIGHTS AND ENVIRONMENTAL REGULATION: THE CASE FOR COMPENSATION

AUTHOR(S)
Ely Jr., James W.
PUB. DATE
September 2004
SOURCE
Harvard Journal of Law & Public Policy;Fall2004, Vol. 28 Issue 1, p51
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Questions why property owners, who suffer a substantial loss by virtue of environmental regulations that restrict land use, fail to receive compensation. Provisions of the Fifth Amendment; Legitimacy of cost as a reason for ignoring a constitutional obligation; relationship between the enforcement of compensation requirement and environmental controls.
ACCESSION #
15864579

 

Related Articles

  • The Land of the FREE! Kadlec, Daniel; Dale, Sarah Sturmon; Dawson, Pat; Healy, Rita; Maag, Chris; Michaels, Marguerite; Roston, Eric // Time;7/11/2005, Vol. 166 Issue 2, p42 

    Discusses how towns across the U.S., despite the real estate boom, are giving acreage away at little or no cost. Efforts to keep communities from turning into ghost towns as kids move away and town elders die off; Reaction to this modern-day Homestead Act; Typical parcels of land being offered...

  • Souglides v Tweedie and another.  // Estates Gazette;12/15/2012, Issue 1250, p100 

    The article discusses a court case related to perpetuities of real property in Great Britain in 2012. In the court case Sir Andrew Morritt C and Rix and Patten LLJ, the British Court of Appeal rules that perpetuities offer options to extend lease of properties. The case also deal with the right...

  • Planning's balancing act. Stokes, Richard // Estates Gazette;12/15/2012, Issue 1250, p95 

    The article discusses recommended changes in the British law that could attract investments in the private real estate business sector in 2012. It states that the concept of public policy requiring the development of affordable housing in the country should be carefully assessed. According to...

  • Over-hanging trees may bother you, but don't provoke a fight. Bekiaris, Maria // Money (Australia Edition);Jun2006, Issue 80, p32 

    The article presents information on the provisions of a legislation that gives property owners the right to cut overhanging tree branches in Victoria. Before cutting the branch, the property owner needs to consult a council to find out if any restrictions apply. The branch of the trees should be...

  • LAND-GRABBING AROUND THE WORLD. Wise, Timothy A. // Dollars & Sense;Mar/Apr2015, Issue 317, p14 

    The article focuses on the Land Matrix project which monitors large-scale land acquisitions. Topics covered include the definition of a foreign land grab as a transfer of 200 hectares or more to a foreign entity, the top countries targeted for land grabs such as South Sudan and Mozambique and...

  • what is surprising is prices they achieve.  // Mail on Sunday;12/ 8/2013, p60 

    saying property was forcibly being taken from owners. Mr Hoban says 30 angry owners later contacted them because the auction had been the final step in long negotiations with their banks to resolve their debts. For them, says Mr Hoban, being unable to sell meant those deals had been put in jeopardy.

  • No damages awarded for diminished market perception in condemnation case.  // Appraisal Journal;Summer2005, Vol. 73 Issue 3, p225 

    The article informs that no damages were awarded for diminished market perception in a condemnation case. Landowner in the condemnation case was not entitled to damages for the remaining property's "diminished market perception," according to the Supreme Court of Texas. John L. Santikos owns a...

  • EXCUSES, EXCUSES: THE APPLICATION OF STATUTES OF REPOSE TO ENVIRONMENTALLY-RELATED INJURIES. Ferrer, Andrew A. // Boston College Environmental Affairs Law Review;2006, Vol. 33 Issue 2, p345 

    Injuries resulting from environmental conditions created by improvements to real property have always been commonplace. Across jurisdictions, however, there is some evidence to suggest that defendants may be able to escape liability for certain environmentally-related injuries by invoking...

  • Land use regulation not a taking of property without just compensation.  // Appraisal Journal;Summer2005, Vol. 73 Issue 3, p225 

    The article informs that land use regulation is not a taking of property without just compensation. A zoning bylaw, which expressly prohibited construction of "a residential dwelling unit" within a conservancy district, was not a regulatory taking of property without just compensation, according...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics