Rails-to-trails, rational governments, and a constitutional shortcut: the perils of Preseault
Article Abstract:
The author discusses the protracted litigation in Preseault v. United States, which demonstrates constitutional takings problems with converting railroad easements to public trails under the National Trails Systems Act Amendments of 1983, known as the Rails-to-Trails Act.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 2001
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Homeowner associations: are they private governments?
Article Abstract:
The authors discuss laws passed by states, with a focus on Maryland and Virginia, imposing government liability restrictions such as open meetings and records on homeowner associations and the legal concepts behind treating these association like government entities.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 2001
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At the intersection of environmental law and nuisance law: do right-to-farm statutes result in regulatory takings?
Article Abstract:
The author discusses right-to-farm statutes and state cases which explored whether such statutes constitute regulatory takings by creating immunity from nuisance suits.
Publication Name: Real Estate Law Journal
Subject: Real estate industry
ISSN: 0048-6868
Year: 2001
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