No More Free Easements: Judicial Takings for Private Necessity
University of Utah - S.J. Quinney College of Law
March 14, 2011
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
Date posted: March 19, 2011 ; Last revised: March 29, 2014