Takings & Just Compensation
| LAW 550-01 | Takings and Just Compensation Seminar | 3 credits |
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An exploration of both age-old and modern takings and just compensation
law questions. We will consider the age old issues of: drawing the line
between taxation and takings; drawing the line between governmental
torts and takings; creating private powers of eminent domain; defining
the contours of the "public purpose" requirement; and determining the
extent to which the state can waive its power to take property. The
modern topics will include: deciding what components of an individual¹s
wealth define the "denominator" in deciding whether a government taking
of one piece invokes the just compensation requirement; assessing the
wisdom of recently enacted statutes widening property owners¹ right to
compensation; and applying the social sciences in novel ways as tools
for evaluating alternative rules of eminent domain law. Satisfies the Writing Requirement. Optionally satisfies the writing requirement. |
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Foundational:
Supporting:
Administrative Law
Campaign Finance
Comparative Constitutional Systems
Comparative Law
Constitutional Tort Litigation
Education Law
Election Law*
Federalist Papers*
First Amendment
Fourth Amendment Theory and Practice
Law and Religion*
Legislative Process
Property Rights
Takings & Just Compensation*
*courses not offered every year