Rails-to-trails, rational governments, and a constitutional shortcut: the perils of Preseault

Article Abstract:

The author discusses the protracted litigation in Preseault v. United States, which demonstrates constitutional takings problems with converting railroad easements to public trails under the National Trails Systems Act Amendments of 1983, known as the Rails-to-Trails Act.

Right of way, Public easements, Police power

---

Homeowner associations: are they private governments?

Article Abstract:

The authors discuss laws passed by states, with a focus on Maryland and Virginia, imposing government liability restrictions such as open meetings and records on homeowner associations and the legal concepts behind treating these association like government entities.

Virginia, Maryland, Homeowners' associations, Government liability, Real covenants

---

At the intersection of environmental law and nuisance law: do right-to-farm statutes result in regulatory takings?

Article Abstract:

The author discusses right-to-farm statutes and state cases which explored whether such statutes constitute regulatory takings by creating immunity from nuisance suits.

Crop Production, Farms, Nuisances, Nuisance

Similar abstracts:

• Abstracts: Real estate construction financing: the pitfalls of the tri-party agreement. The changing role of discounted cash flow models in commercial real estate
• Abstracts: Recently promulgated final regulations govern partnership distributions of marketable securities. Practical problems faced by pension plans holding partnership interests
• Abstracts: A landlord's control over assignments of leases. Respect for the aged. They come in peace
• Abstracts: Finding and retaining a profitable work force in the '90s. Is your architect 'value-added'? Capital One's demand-forecasting solution is more than just a phase
• Abstracts: A drinking revolution on tap. Valuing the MOD's asset base

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.