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Confusion About "Change in Value" and "Return on Equity" Approaches to the <i>Penn Central</i> Test in Temporary Takings

Editors' Summary: In this Article, William W. Wade evaluates the conceptual measurement of economic impact within the Penn Central test for income-producing properties recently adjudicated in the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit. The discussion considers measurement of the denominator of the takings fraction related to Penn Central's parcel as a whole and whether it differs between permanent and temporary takings.

Environmental Justice and the Constitution

In a recent essay, David Coursen asks an important and unexamined question: Are environmental justice policies, which seek to avoid disproportionate environmental burdens on minority and poor communities, on a "collision course" with the Equal Protection Clause? In concluding that a potential collision is more illusory than real, Coursen offers a number of reasons why governmental actions to promote environmental justice have not been challenged in court and, even if they were to be, would not be subjected to strict judicial scrutiny.

3883 Conn., L.L.C. v. District of Columbia

The court holds that although it has jurisdiction to hear an individual's claim for damages against a city for disrupting his construction project, the individual's due process rights were not violated. The individual was granted the necessary permits to begin preparing the site for the construction...

Taubman Realty Group Ltd. Partnership v. Mineta

The court holds that the owner of a retail development lacked standing to bring Federal-Aid Highway Act (FAHA) and National Environmental Policy Act (NEPA) actions against the Secretary of Transportation and the Federal Highway Administration (FHwA) for failing to prevent a county from approving the...

Ben Oehrleins & Sons & Daughter, Inc. v. Hennepin County

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the delivery of waste to out-of-state processors violate the U.S. Commerce Clause. The court first holds that the...

Jones v. United States

The court holds that an 11-month period between the publication of a new statutory fee for unpatented mining claims and the compliance deadline afforded a claim holder a reasonable opportunity to comply with the deadline, and, thus, did not violate his procedural due process rights. Pursuant to the ...

Berger v. Hanlon

The court holds that a U.S. Fish and Wildlife Service warrant and subsequent search violated homeowners' Fourth Amendment constitutional rights against unreasonable searches and seizures when two cable television networks accompanied the search. The court first holds that collateral estoppel does no...

National Ass'n of Home Builders v. Babbitt

The court holds that Endangered Species Act (ESA) §9(a)(1)'s application to a fly that exists only in California is within Congress' Commerce Clause power. The court first holds that the application of ESA §9 to the fly can be viewed as a proper exercise of Congress' Commerce Clause power over act...