View Full Document

Study Notes



View the full content.
View Full Document
View Full Document

2 views

Unformatted text preview:

Federal Commentary Published Article Comprehensive Planning Environmental Compliance Natural Resource Protection Land Acquisition EPA Region All Federal Private Property Investment Lucas and the Fairness Doctrine by John Nolon Summary John Nolon s essay discusses property rights and takings issues by way of the Supreme Court decision in Lucas v South Carolina Coastal Council Under this decision property owners must be compensated for takings when they have reasonable investment backed expectations unless the development could have alternately been prevented under state nuisance laws The essay concludes by stressing the need for comprehensive planning and integration of land use real estate and environmental laws in order to support appropriate development and conservation Commentary Published Article Private Property Investment Lucas and the Fairness Doctrine I LOOKING AT BOTH SIDE OF THE TAKINGS ISSUE In a recent visit to the campus of Pace Law School Jerold Kayden a Senior Fellow at the Lincoln Institute of Land Policy paid this institution a worthy compliment After working with us for a time he noted with favor that our property and land use faculty members are in close touch with our environmentalists I imagine that Mr Kayden respects this cooperation because it mirrors the type of collaboration between property rights defenders and environmental advocates that ought to be taking place in society generally Unfortunately conferences and conversations on the Lucas 1 case tend to be confrontational rather than collaborative Worse the property rights and environmental movements employ spin masters to turn the case to their advantage to the considerable confusion of property owners and regulators who are trying in earnest to understand the Supreme Court s view on the matter In the interests of looking at the issues from both sides at this colloquium let me enter the discussion from the perspective of the property owner These remarks are not intended to advocate the



Access the best Study Guides, Lecture Notes and Practice Exams

Loading Unlocking...
Login

Join to view Study Notes and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Study Notes and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?