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Reconstructing the Takings Doctrine by Redefining Property and Sovereignty

38 Pages Posted: 20 Apr 2010  

John Martinez

University of Utah - S.J. Quinney College of Law

Date Written: December 2, 1987

Abstract

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.

Keywords: Just Compensation, takings, property, eminent domain, private expectations

JEL Classification: K42, K19, K14, K11, J79, J49, J41, J38, J22, J17, I32, I31

Suggested Citation

Martinez, John, Reconstructing the Takings Doctrine by Redefining Property and Sovereignty (December 2, 1987). Fordham Urban Law Journal, Vol. 16, No. 157, 1988. Available at SSRN: https://ssrn.com/abstract=1592530

John Martinez (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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