Regulatory Takings after Knick: Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes. - David Lee Callies cover
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Regulatory Takings after Knick: Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes. - David Lee Callies

by David Lee Callies

ISBN
9781641057486
Publisher
American Bar Association
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$76.99 one-time purchase · 15% restocking fee on returns

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Regulatory Takings after Knick: Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes. David Lee Callies ISBN 9781641057486

The Supreme Court’s decision in Knick v. Township of Scott has been widely recognized as one of the most significant property rights rulings of the past decade. In Knick, the Court held that a regulatory takings claim may be ripe for federal court review even if compensation has not first been denied in state court. In doing so, the Court expressly overturned the second prong of the Williamson County ripeness test, which had required property owners to pursue state remedies—typically just compensation—before filing suit in federal court.

This book examines the elements of the relevant takings exceptions in detailed, stand-alone chapters. A clear understanding of these exceptions is essential when litigating land use regulations involving open space, agriculture, and preservation or conservation, particularly in cases where property is left without any economically viable use. If an exception applies, the landowner receives no compensation; if it does not, the landowner prevails.

Regulatory Takings after Knick: Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes. David Lee Callies ISBN 9781641057486, 978-1641057486 & 9781641057493

Author
David Lee Callies

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