Looking back: the full-time baseline in regulatory takings analysis
Article Abstract:
The full-time baseline approach is well suited to regulatory takings cases. Its use in billboard amortization cases helps make the case for also using it in regulatory takings analysis. In billboard amortization cases the theory has allowed courts to help parties recoup an investment over the investment's life. Using the full-time baseline in regulatory takings litigation would make for more uniform evaluation of the impact of regulation on a particular piece of real property and also make for fairer results by focusing not on how much a piece of property is still worth but on how much of the original investment the owner has recouped.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1996
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The public trust doctrine and the impossibility of "takings" by wildlife
Article Abstract:
The public trust doctrine traditionally includes property rights no one can own and wildlife is a natural part of this package. The doctrine states that the right of wildlife to use the land came before the right of private property owners. Thus, no taking occurs when wildlife damages private property and the government owes no compensation. When it comes to wildlife, the doctrine trumps the Fifth Amendment's bar of takings without paying compensation.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1996
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Exactions, severability and takings: when courts should sever unconstitutional conditions from development permits
Article Abstract:
The author discusses unlawful regulatory takings and conditions under which the courts should sever unconstitutional conditions from real estate development permits.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2000
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