Academic

Martinez on Judicial Takings

By Lawrence Solum

John Martinez (SJ Quinney College of Law, University of Utah) has posted No More Free Easements: Judicial Takings for Private Necessity on SSRN. Here is the abstract:

This article bridges the fields of constitutional judicial takings and the common law of easements that arise because of private necessity. The article suggests that the law of takings requires payment when a court declares that an easement should be established because of private necessity.

Full post as published by Legal Theory Blog on March 21, 2011 (boomark / email).