Abstract

http://ssrn.com/abstract=1016781
 
 

Footnotes (132)



 


 



Takings and Trespass: Trespass Liability for Precondemnation Entries


Ann M. Burkhart


University of Minnesota - Twin Cities - School of Law

September 24, 2007

Minnesota Legal Studies Research Paper No. 07-42

Abstract:     
When the government, a utility company, or another entity with the power of eminent domain enters land before acquiring it, the courts are extremely divided about whether the landowner can sue for trespass or only for inverse condemnation. A court's decision on this issue has tremendous practical implications. For example, it substantially affects the remedies that are available to the landowner, including its right to recover the property. The court's decision also has significant public policy implications because it involves the balance between government sovereignty over land and protection of private property rights.

Number of Pages in PDF File: 44

Keywords: eminent domain, takings, inverse condemnation, trespass, government liability

working papers series


Download This Paper

Date posted: September 26, 2007  

Suggested Citation

Burkhart, Ann M., Takings and Trespass: Trespass Liability for Precondemnation Entries (September 24, 2007). Minnesota Legal Studies Research Paper No. 07-42. Available at SSRN: http://ssrn.com/abstract=1016781 or http://dx.doi.org/10.2139/ssrn.1016781

Contact Information

Ann M. Burkhart (Contact Author)
University of Minnesota - Twin Cities - School of Law ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,210
Downloads: 130
Download Rank: 129,118
Footnotes:  132

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.281 seconds