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644 - Eminent Domain
Professor: Michael Braunstein
Semester: 2011 Winter
Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Course Description
This three-hour course will examine the regulation of property rights and the takings clause of the Fifth Amendment to the Constitution of the United States and comparable state constitutional and statutory provisions. This is an important and exciting topic. In recent years takings litigation has expanded significantly in the lower courts as well as in the Supreme Court. In the Supreme Court a new jurisprudence of property rights is developing. In particular, the issue of regulatory takings and Section 1983 remedies has been the subject of extensive litigation and commentary both in law reviews and the press. These developments have been accompanied by a popular view that government regulation of property rights has gone "too far." The results of this confluence of events have included revisions to the state and federal "common law" of eminent domain, enactment of State Private Property Protection Acts, proposals for similar federal legislation and amendment of the Uniform Eminent Domain Act. The course will examine this area of law from both a theoretical and practical perspective.
EXAM
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