Topic

Takings

Posts

  • Online2026

    Property Rights v. Taxpayer Rights: The Battle Over Tax Foreclosures

    Local governments rely on property taxes to fund many essential public services. Owners who do not pay the taxes impose an increased burden on…

  • Online2026

    Land-Grant Universities

    In their groundbreaking High Country News article on “land-grab universities,” Robert Lee and Tristian Ahtone argue that Congress’s 1862 Morrill Act, which famously granted…

  • ArticleVol. 102 · Iss. 2

    Water Law Transitions in the Era of Climate Change

    Although legal transitions—changes in legislation, regulations, or judicial decisions—are an inevitable part of legal progress, there are certain areas of the law where reform…

  • ArticleVol. 99 · Iss. 2

    A Reign of Error: Property Rights and Stare Decisis

    ABSTRACT Mistakes matter in law, even the smallest ones. What would happen if a small but substantively meaningful typographical error appeared in the earliest…

  • ArticleVol. 94 · Iss. 4

    Future-Proofing Energy Transport Law

    The U.S. energy system is critical to every aspect of the nation’s economy and daily life. That energy system, in turn, is completely dependent…

  • ArticleVol. 91 · Iss. 2

    Taking Groundwater

    In February 2012, in a case called Edwards Aquifer Authority v. Day, the Texas Supreme Court held that landowners hold property rights to the…

  • ArticleVol. 90 · Iss. 6

    The Ancient Mariner of Constitutional Law: The Historical, Yet Declining Role of Navigability

    “Navigability”—the degree to which a particular water body can be used by various boats and other watercraft—has a long, important history in federal constitutional…

  • ArticleVol. 90 · Iss. 2

    Airspace and the Takings Clause

    This Article argues that the United States Supreme Court’s takings jurisprudence fails to account for instances when public entities restrict private airspace solely to…