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Picturing Takings

By Lee Anne Fennell

Abstract

Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court\u27s recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally

Topics: Eminent domain, Appellate courts, Property rights, Public use, Compensation (Law), Ambiguity, Doctrinal theology, Law
Publisher: NDLScholarship
Year: 2012
OAI identifier: oai:scholarship.law.nd.edu:ndlr-1107
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