While the property reform legislation is stalled in Congress, state as well as federal judges are deciding when wetland regulation is tantamount to a taking
Article Abstract:
Judicial rulings such as Lucas v. South Carolina Coastal Council and subsequent cases show that given the right set of circumstances the courts will allow compensation for a landowner temporarily or permanently denied a Section 404 permit to develop a wetland. There are not absolute standards for determining whether a taking has happened or whether the government the government has properly used its police power. Rather, judges will balance the interest of government and private party, allowing compensation for takings but not for mere diminutions in value.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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The liability of mediators is unsettled
Article Abstract:
Judicial immunity should be extended to protect quasi-judicial persons such as mediators to ensure a just settlement and prevent harassment of mediators by dissatisfied parties. The US Supreme Court first recognized the need for judicial immunity in 1872 to protect the impartiality and independence of the judiciary, protect the judiciary from attacks and ensure that judgments are final. These safeguards are also necessary to ensure the effectiveness of alternative dispute resolution, especially in bankruptcy cases.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Wetlands policy still unsettled; interests clash
Article Abstract:
The Clinton administration starts with an unsettled wetlands policy. Wetlands regulation is vested in the EPA and the Army Corps of Engineers, and in 1989 the EPA prepared a stricter wetlands manual than the Army Corps' 1987 version. On Jan 19, 1993 the EPA and the Army Corps gave in to property owners' opposition to the stricter version and agreed to go back to using the 1987 one. The Supreme Court's Hoffman Homes decision also seems to have loosened protections for isolated wetlands.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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