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- Title
TAKING PUBLIC INTERESTS IN PRIVATE PROPERTY SERIOUSLY: HOW THE SUPREME COURT SHORTCHANGES PUBLIC PROPERTY RIGHTS IN REGULATORY TAKINGS CASES.
- Authors
Shelby, Kate
- Abstract
The article focuses on the conflicts that arise between public and private rights in regulatory takings cases regarding properties containing both land and water in the U.S. It argues the failure of the U.S. Supreme Court to recognize public rights in these properties and discusses the reasons on the need for the court to recognize these rights. The conflict between public and private property regimes in relation to mixed landwater property is explored. Furthermore, it examines the Palazzolo v. Rhode Island case and criticizes the decision of the Supreme Court to disregard public rights at stake in the case.
- Subjects
UNITED States; CONFLICT of interests; PUBLIC interest; PROPERTY rights; GOVERNMENT property; PALAZZOLO v. Rhode Island (Supreme Court case); EMINENT domain; PROPERTY; UNITED States. Supreme Court
- Publication
Journal of Land Use & Environmental Law, 2008, Vol 24, Issue 1, p45
- ISSN
0892-4880
- Publication type
Article