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Condemning Religion: RLUIPA and the Politics of Eminent Domain
(Notre Dame Law Review, 2009)
Should religious landowners enjoy special protection from eminent domain? A recent federal statute, the Religious Land Use and Institutionalized Persons Act (RLUIPA), compels courts to apply a compelling interest test to ...
The Meaning of Value: Assessing Just Compensation for Regulatory Takings
(Northwestern University Law Review, 2005)
This Article argues that valuing compensation provides just such a window into deeper theories of takings, revealing a host of considerations that map on to specific approaches to takings law. 4 Moreover, compensation rules ...
Local Property Law: Adjusting the Scale of Property Protection
(Columbia Law Review, 2007)
This Article proposes that local governments should be able to decide for themselves how to protect private property, and then be held to that choice as if it were a local constitutional pre-commitment. Specifically, the ...
Public Ruses
(Michigan Law Review, 2004)
The Fifth Amendment's public use requirement - a dead letter for decades - has recently been resurrected by the Michigan Supreme Court, overruling Poletown, and by the United States Supreme Court, granting certiorari in ...
Existing Uses and the Limits of Land Use Regulations
(New York University Law Review, 2009)
This Article identifies property law's special protection for existing uses, explores
possible justifications for this protection, and argues that none can support the
strong protection that existing uses currently enjoy. ...
Big Differences for Small Governments: Local Governments and the Takings Clause
(New York University Law Review, 2006)
This Article argues that the Fifth Amendment's Takings Clause should apply differently to local governments than to higher levels of government. The Takings Clause is at the heart an increasingly contentious property rights ...