Zoning and Planning Law HandbookClark Boardman Company, 1995 |
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Página 67
... claim was unripe , requiring its dismissal from federal court.21 The resulting Williamson ripeness test centers on the two prongs " final decision " and " state compensation . " The Court began its decision by analyzing the final deci ...
... claim was unripe , requiring its dismissal from federal court.21 The resulting Williamson ripeness test centers on the two prongs " final decision " and " state compensation . " The Court began its decision by analyzing the final deci ...
Página 76
... claim . Ripeness is a question of subject matter jurisdiction . " If a [ taking ] claim is not ripe for review , the federal courts lack subject matter jurisdic- tion and they must dismiss the claim . " 60 Thus , ripeness is a ...
... claim . Ripeness is a question of subject matter jurisdiction . " If a [ taking ] claim is not ripe for review , the federal courts lack subject matter jurisdic- tion and they must dismiss the claim . " 60 Thus , ripeness is a ...
Página 104
... claim . Because states could ensure that compensation is not awarded by crafting their own procedural and taking law , it should still be the case after First English that property owners could claim state procedures are futile . Under ...
... claim . Because states could ensure that compensation is not awarded by crafting their own procedural and taking law , it should still be the case after First English that property owners could claim state procedures are futile . Under ...
Contenido
CHAPTER | 3 |
New Trends and Developments | 9 |
CHAPTER 2 | 19 |
Derechos de autor | |
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11th Cir 9th Cir abstention doctrine accompanying text action adult businesses affordable housing Amendment analysis Appeals applied areas cert Circuit City Clean Water Act Clinton plan Clinton Wetlands Plan Code Ann compensation constitutional Corps costs County court found court held denied discussed district court Dolan economic effect eminent domain environmental Envtl Fair Housing Act federal courts FHAA final decision prong Florida futility exception governmental growth management impact fees inverse condemnation issue land use agency land use regulations landowner legislative Lucas ment mitigation municipalities Nat'l Wetlands Newsl Nollan Oregon permit plaintiff private property procedural prohibited property owner property rights proposed protection public trust doctrine regulatory taking restrictions ripeness doctrine rule South Carolina Coastal Stat state's substantive due process Supp supra note Supreme Court taking claims Taking Clause tion United variance violation wildlife Williamson Williamson County zoning ordinance