No More Free Easements: Judicial Takings for Private Necessity

Abstract:     
This article bridges the fields of constitutional judicial takings and the common law of easements that arise because of private necessity. The article suggests that the law of takings requires payment when a court declares that an easement should be established because of private necessity.

Number of Pages in PDF File: 20

Keywords: judicial takings, implied easements, private necessity, just compensation, takings

JEL Classification: D61,D63,D72,D78,D81,D82,D84,D91,D92,E13,E22,E61,E62,G14,H21,H53,H72,K11,K12,K41

working papers series