Looking for some property and takings scholarly reading while you cool your heels at home? Well, the William and Mary Law Review has recently published no less than three worthy pieces, all available for download.
- Charles D. Wallace, When (and Why) the Levee Breaks: A Suggested Causation Framework for Takings Claims That Arise From Government-Induced Flooding, 61 Wm. & Mary L. Rev. 603 (2019). An article authored by a (recently) former student of ours about takings liability for flooding, focusing on the “MR/GO” case and related issues. (The author is so modest, he didn’t tell me his note was published!)
- Timothy M. Mulvaney, The State of Exactions, 61 Wm. & Mary L. Rev. 169 (2019). The latest on exactions, focusing on whether the third part of the trilogy — Koontz v. St. Johns River Water Management District — has provided “momentum for a more significant expansion of [heightened judicial] scrutiny in takings cases[.]” The article contends “that Koontz‘s footprint thus far is rather light.”
- Lee Anne Fennell, Property Beyond Exclusion, 61 Wm. & Mary L. Rev. 521 (2019). We all talk about the right to exclude being among the most fundamental sticks in the property rights bundle. Has that right to exclude become a “less useful, less necessary, and more expensive way of regulating access to resources[?]” Read the article and find out how Professor Fennell thinks about this intriguing question.
Check them all out.