The Takings Clause of the U.S. Constitution says "nor shall private property be taken for public use without just compensation." This seminar will focus on the four major legal issues presented by this language, namely: (1) What is the significance of the limitation to takings "for public use"?; (2) What sorts of interests are encompassed by "private property"?; (3) When can we say that the government has "taken" private property?; and (4) What is the proper meaning and measure of "just compensation"? Time permitting, we will also consider issues about permissible waivers of takings claims and requirements of exhaustion of alternative remedies before pursuing takings claims. Students will present and prepare research papers on topics of their choosing.
Section Offerings for 2012-13
|L9701-001||13S||Property As a Constitutional Right: The Takings Clause|
|T. Merrill||T 4:20 PM-6:10 PM||WJWH 600|
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