David Lee Callies

Regulatory Takings after Knick (eBook, ePUB)

Total Takings, the Nuisance Exception, and Background Principles Exceptions

• Format: ePub

Produktbeschreibung

The Supreme Court's recent decision in Knick v. Township of Scott has been aptly described by some commentators as the most significant property rights case of the last decade. In Knick, the Court found the regulatory takings claim, which had not yet been denied compensation in state court, was ripe nonetheless. In doing so, the Court explicitly overturned the second prong of the so-called Williamson County ripeness test that required property owners to seek a remedy through state action -- usually just compensation -- for the alleged taking before coming to federal court.

The elements of these exceptions are explained in great detail in separate chapters. Understanding these exceptions is critical to litigating about land use regulations for such as open space, agriculture, and preservation/conservation where the subject land is left without any economic use. If the exceptions apply, the landowner gets no compensation. If the exceptions do not apply, the landowner prevails.

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Produktdetails

• Verlag: American Bar Association
• Seitenzahl: 133
• Erscheinungstermin: 7. Juni 2021
• Englisch
• ISBN-13: 9781641057493
• Artikelnr.: 70400987

Autorenporträt

David L. Callies is Benjamin A. Kudo professor of law at the University of Hawaii's William S. Richardson School of Law where he teaches land use, state and local government and real property. He is also an external examiner for the Hong Kong City University's Department of Law. Prior to that, he practiced local government and land use law with the firm of Ross & Hardies of Chicago, during which time he also taught as an adjunct professor at the University of Wisconsin-Milwaukee's School of Architecture and Urban Planning and served as an assistant state's attorney. He is a graduate of DePauw University, the University of Michigan Law School (J.D.) and the University of Nottingham (LL.M.), and a past foreign fellow and present life member of Clare Hall, Cambridge University. He is past chair of the Real Property and Financial Services Section of the Hawaii State Bar Association, past chair of the ABA Section of State and Local Government Law, past chair of the section of state and local government law with the American Association of Law Schools, a member of the American Law Institute; a member of the College of Fellows of the American Institute of Certified Planners, and a member of the American College of Real Estate Lawyers.