A Dozen Propositions on Private Property, Public Rights, and the New Takings Legislation, 53 Washington & Lee Law Review 265 (1996)
Property rights are a hot political topic. In the last few years, the issue of regulatory "takings" of property has ceased to be merely a vastly overwritten subject in the legal academic literature. A "property rights" movement—taking aim in particular at environmental legislation—seems to have been energized by several new takings cases from the Supreme Court and, to a lesser extent, from a newly activist Court of Federal Claims. "Takings" bills are debated fiercely in Congress and in statehouses all over the United States, as state and federal legislators entertain measures that confront a pattern of regulation that is said to threaten private property.
Date of Authorship for this Version
Rose, Carol M., "A Dozen Propositions on Private Property, Public Rights, and the New Takings Legislation" (1996). Faculty Scholarship Series. Paper 1809.