"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.

Eminent domain (Law)

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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.

Land titles, Land title registration

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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.

Real estate investment trusts, Real Estate Invest Trusts, Methods, United States, Finance, Investment banks, Investments, Real estate industry, Asset-backed securities, Asset backed securities

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