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- Title
DRAINING THE SERBONIAN BOG: ORIGINALISM AND THE NEED FOR TEMPORARY TAKINGS BY FLOODWATERS.
- Authors
Lee, Brian D.
- Abstract
The article examines the history of the Takings Clause of the Fifth Amendment of the U.S. Constitution which limits the power of eminent domain by requiring that just compensation be paid if private property is taken for public use and explains its application to government-induced floodwaters and other kinds of physical governmental invasions. It reflects that the standard a landowner must meet to establish a floodwater taking should be same as the standard of other types of physical takings.
- Subjects
REGULATORY takings; JUST compensation (Eminent domain); UNITED States. Constitution. 5th Amendment; FLOODS; LEGAL status of landowners
- Publication
Southern Illinois University Law Journal, 2012, Vol 37, Issue 1, p169
- ISSN
0145-3432
- Publication type
Article