Connecticut condemnation law makes tax-exempt bonds revocable, testing the limits of state power to alter contracts by eminent domain
Article Abstract:
The state of Connecticut exercised its power of eminent domain to condemn a tax exemption on some state bonds, a novel method suggested by the US Supreme Court. The initial problem was a federal law that if a state bond is exempt from state taxes similar federal bonds must be similarly exempt. The change, affecting 32 state bond issues worth $4 billion, renders them taxable by the state but compensates the bondholders at a cost of $48 million. This allows the state to collect #1.5 billion in taxes on federal bonds.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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It's time for courts to limit takings rulings
Article Abstract:
City of Monterey v. Del Monte Dunes, the leading property rights case of the 1998-99 Supreme Court term, asks for the expansion of the takings concept to cases in which the government is alleged to have acted arbitrarily or otherwise without any lawful authority and is not achieving any public benefit. This would make of takings doctrine a damages remedy for all types of government mistakes and further chill local government's evenhanded regulation of land use.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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State charters often have broad takings clauses; businesses suffering a partial taking of their property usually find little relief in federal court
Article Abstract:
The takings clauses of many state constitutions offer property owners greater protections than those extended by the US Constitution and may form the basis for a legal challenge. State courts have increasingly applied strict tests to state and local regulatory actions that diminish, rather than destroy, the economic value of property. State-level challenges can also be based on due process violation, and the two together form a potent weapon in state courts.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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