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Understanding State and Federal Property Rights Legislation

25 Pages Posted: 4 May 2010  

Jerome M. Organ

University of St. Thomas - School of Law (Minnesota)

Date Written: April 1, 1995

Abstract

Following the United States Supreme Court's decision in Lucas v. South Carolina Coastal Council, which did little to change the regulatory takings framework, many in the property rights movement were disappointed and shifted their energy toward enacting state and federal legislation to constrain government from engaging in regulatory takings. This article summarizes the state legislative responses to the efforts of property rights proponents, noting that while nearly twenty states passed legislation of some sort, the vast majority of these statutory enactments simply required greater assessment of regulatory takings issues without making any substantive changes in the regulatory takings framework.

Keywords: regulatory takings, property rights, state legislation

Suggested Citation

Organ, Jerome M., Understanding State and Federal Property Rights Legislation (April 1, 1995). Oklahoma Law Review, Vol. 48, No. 2, p. 191, 1995. Available at SSRN: https://ssrn.com/abstract=1597776

Jerome M. Organ (Contact Author)

University of St. Thomas - School of Law (Minnesota) ( email )

MSL 400, 1000 La Salle Avenue
Minneapolis, MN Minnesota 55403-2005
United States

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