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- Title
FIFTH AMENDMENT TAKING CLAIMS ARISING FROM RESTRICTION ON THE USE AND DIVERSION OF SURFACE WATER.
- Authors
Shapiro, William J.
- Abstract
The article discusses the First Amendment to the U.S. Constitution in relation to eminent domain (taking)-related legal claims involving restrictions on the use and diversion of surface water in places such as California. The scarcity of water resources is mentioned, along with the environmental and agricultural aspects of water allocation decisions. Litigation at the U.S. Court of Federal Claims is examined, as well as legal challenges to California's water management decisions.
- Subjects
CALIFORNIA; UNITED States; TAKINGS clause (Constitutional law); WATER diversion; UNITED States. Constitution. 1st Amendment; WATER use; WATER shortages; UNITED States. Court of Federal Claims; WATER supply; WATER rights; ACTIONS &; defenses (Law)
- Publication
Vermont Law Review, 2015, Vol 39, Issue 3, p753
- ISSN
0145-2908
- Publication type
Article