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Takings Decisions of the U.S. Supreme Court: A Chronology

Description: This report is a reverse chronological listing of U.S. Supreme Court decisions addressing claims that a government entity has "taken" private property, as that term is used in the Takings Clause of the Fifth Amendment. A scattering of related, non-takings decisions is also included.
Date: March 8, 2011
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Delegation of the Federal Power of Eminent Domain to Nonfederal Entities

Description: Congress has on several occasions delegated its power of eminent domain to entities outside the federal government -- public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegates, is today beyond dispute. However, among delegates with both federal and private characteristics, there is some subjectivity to deciding which to list in a report lim… more
Date: May 20, 2008
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

International Conflict and Property Rights: Fifth Amendment "Takings" Issues

Description: This report discusses the international conflict and property rights. After the terrorist attack on the World Trade Center and Pentagon has raised the possibility of responses by the United States that impinge on private property, and, in turn, the possibility of claims under the Fifth Amendment Takings Clause.
Date: December 5, 2001
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Endangered Species Act and Claims of Property Rights "Takings": A Summary of the Court Decisions

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: March 10, 2003
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Endangered Species Act and Claims of Property Rights "Takings"

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: March 9, 2005
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Condemnation of Private Property for Economic Development: Legal Comments on the House-Passed Bill (H.R. 4128) and Bond Amendment

Description: The prohibition on economic development condemnations extends not only to land taken for the explicit purpose of economic development but also to land subsequently so used. The latter coverage raises the possibility that although a parcel was initially condemned for a non-prohibited purpose, its use years later for a prohibited one would trigger the two-year cut-off of federal funds. Nor does there seem to be any proportionality requirement between the prohibited condemnations and the length an… more
Date: December 22, 2005
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

Property Rights "Takings": Justice O'Connor's Opinions

Description: When Justice O’Connor ascended to the Supreme Court, expectations were that she would adhere to the conservative line and generally uphold the property rights position over the government’s in Fifth Amendment “takings” cases. This did not happen. Instead, in this area as well as others, she established her place at the Court’s ideological center. To be sure, Justice O’Connor made many arguments favoring property owners, in both her opinions and her concurrences and dissents. But this asserted e… more
Date: August 19, 2005
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
open access

The Endangered Species Act and Claims of Property Rights "Takings"

Description: This report first outlines the ESA provisions most relevant to the act’s impacts on private property, and then surveys the major ESA-relevant principles of Fifth Amendment takings law. The report then proceeds to its core topic: the court decisions adjudicating whether government measures based on the ESA effect a taking of property under the Fifth Amendment. The cases address four kinds of ESA measures: (1) restrictions on land uses that might adversely affect species listed as endangered or t… more
Date: October 14, 2005
Creator: Meltz, Robert
Item Type: Refine your search to only Report
Partner: UNT Libraries Government Documents Department
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