Reconstructing the Takings Doctrine by Redefining Property and Sovereignty
University of Utah - S.J. Quinney College of Law
December 2, 1987
Fordham Urban Law Journal, Vol. 16, No. 157, 1988
Much of the confusion in takings jurisprudence arises from the failure of the courts to develop a coherent federal constitutional property theory that adequately addresses the expectations of the private property owner. This article proposes replacing the traditional two-step takings analysis of first determining what constitutes a protectable property interest and then determining when governmental regulation affects that interest to an extent requiring compensation, with a one-step analysis that focuses on the regulatory impact on the functions that property serves.
Number of Pages in PDF File: 38
Keywords: Just Compensation, takings, property, eminent domain, private expectations
JEL Classification: K42, K19, K14, K11, J79, J49, J41, J38, J22, J17, I32, I31Accepted Paper Series
Date posted: April 20, 2010
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