"Ruin hath taught me thus to ruminate": rejecting the regulatory/eminent domain dichotomy for coastal land
Article Abstract:
The U.S. Supreme Court's takings jurisprudence and its vague distinction between un-compensable regulations and compensable takings provides no guidance in judging which coastal land regulations require just compensation. Courts should continue to examine the economic effect of coastal land regulations, but should adopt a fair compensation or reasonable beneficial use standard when land use restrictions exceed a regulatory nature yet fall short of an outright taking. This would recognize both the decreased value of coastal landowners' property and the public interest in coastal preservation.
Publication Name: Annual Survey of American Law
Subject: Law
ISSN: 0066-4413
Year: 1993
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Floods float title questions to surface
Article Abstract:
The Midwestern Flood of 1993 has given current relevancy to the land title questions which arise when private property is reclaimed by the elements. Lands submerged by flood or hurricane remain private property, so the state must compensate an owner before building new sand dunes or levees in the area in order not to be guilty of a taking. If a public levee's operations results in the flooding of private property, the government is likewise guilty of a taking and must compensate the property owner.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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With the recent decline in interest rates and the flattening of long-term yield curves, more real estate companies are turning to Wall Street for financing
Article Abstract:
Real estate debt financing changed dramatically in the 1990's, as real estate investment trust (REITs) and other real estate companies began to issue corporate debt. Securitized financings, commercial mortgage backed securitization transactions and other asset-based financing techniques became increasingly common due to declines in long-term yields and interest rates.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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- Abstracts: Sober second thoughts: reflections on two decades of constitutional regulation of capital punishment. Rethinking the incorporation of the Establishment Clause: a federalist view
- Abstracts: The future of labor relations in the federal sector. Labor-management cooperation: in need of an implicit or explicit agreement
- Abstracts: After Kaye Scholer: the risks of regulatory and corporate lawyers. Challenges to underwriters and their counsel in the modern capital markets environment
- Abstracts: Futuredocs; the video revolution in briefs, contracts and wills. Technology preview; preview of products and services displayed at the ABA Expo - in conjunction with the ABA Annual Meeting in New York August 6-9, 1993
- Abstracts: The new age of natural gas: how the regulators brought competition. Turning up the heat in the natural gas industry