Property Rights after Horne

49 Pages Posted: 8 Mar 2016

See all articles by Steven Eagle

Steven Eagle

George Mason University - Antonin Scalia Law School, Faculty

Date Written: March 4, 2016

Abstract

This Article analyzes the Supreme Court’s 2015 decision in Horne v. Department of Agriculture, which extended to personal property rules regarding “physical takings” previously applicable only to real property. It considers how the majority and other opinions in Horne relate to substantive and procedural issues in regulatory takings jurisprudence. In particular, the Article asserts that Horne, in tandem with the Court’s 2013 decision in Koontz v. St. Johns County Water Management District, may be a basis for rectifying problems resulting from complexities emanating from Penn Central Transportation Co. v. City of New York and other takings doctrines.

Keywords: appropriation, constitutional law, exaction, Fifth Amendment, Horne, affordable housing, Koontz, Penn Central, personal property, physical taking, private property, real estate development, real property, reciprocity of advantage, regulatory taking, Takings Clause, urban density, U.S. Constitution

JEL Classification: K11, R38

Suggested Citation

Eagle, Steven, Property Rights after Horne (March 4, 2016). NYU Journal of Law & Liberty, Vol. 10, 2016; George Mason Legal Studies Research Paper No. LS 16-08. Available at SSRN: https://ssrn.com/abstract=2743712

Steven Eagle (Contact Author)

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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