Newly-Minded Hurdle for City Planners: Dolan v. City of Tigard, A
Loading...
Authors
Glover-Ettrich, Suzanna
Issue Date
1995
Volume
28
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Fifth Amendment to the United States Constitution provides that "[n]o person shall.., be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without compensation." The two preceding clauses are often referred to as the "Due Process Clause" and the "Takings Clause," respectively. The Takings Clause prohibits the uncompensated taking of land by the government. Currently, the United States Supreme Court recognizes two categories of takings: physical invasion takings and regulatory takings. A physical invasion taking occurs when the government physically occupies private property either directly or indirectly by authorizing others to occupy the property. A regulatory taking occurs when the government imposes restrictive regulations which limit the use of a landowner's property. In recent years, the Supreme Court has expanded the scope of the regulatory takings doctrine...
Description
Citation
28 Creighton L. Rev. 559 (1994-1995)
Publisher
Creighton University School of Law