A. Def.: system of laws governing the relation between people with respect to resources



Download 159.5 Kb.
Page7/9
Date21.05.2021
Size159.5 Kb.
1   2   3   4   5   6   7   8   9
Economically Viable Use (Nollan, pg. 1217)

1. must deprive owner of all econ. viable use to be a taking

2. see D5.7

D4d. 100% Diminution of Value (Lucas, pg. 1241)

1. bright-line standard

2. 100% dim. in value is always a taking

a. except when under the common law, it would be preventing a nuisance

3. undercuts Hadacheck harm/benefit

4. case dealt w/ preserving coastal zone - ct. found a taking

5. ex. wetlands preservation would be a 100% dim. in value

D4e. Summary of factors to consider for diminution of value ("too far") test:

a. interference w/ distinct investment-backed expectations

b. reciprocity of benefits

c. reasonable return

d. amt. of diminution of value

e. can rts. be transferred

f. denial of "all viable use"

g. all value gone

h. nuisance-like activity

D5.


Directory: sites -> default -> files -> upload documents
upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
upload documents -> Federalism – The Structure of Government
upload documents -> General Info About Property law
upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
upload documents -> Property with Professor Vicki Been
upload documents -> Property Outline – Professor Upham, Spring 2000
upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
upload documents -> Complex federal investigations
upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
upload documents -> Pricing v. Sanctions


Share with your friends:
1   2   3   4   5   6   7   8   9




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page