for compensation under the Takings Clause without a waiver of sovereign
judicial takings plaintiffs are not likely to find a receptive audience
holds to the contrary, judicial takings plaintiffs cannot expect to
Although legislative changes are likely to trigger yet another round of constitutional challenges, governmental taking
for public and private development is here to stay and will likely remain a viable urban renewal strategy for the foreseeable future.
Christine Kehoe, D-San Diego, has proposed a less stringent two-year moratorium on eminent domain takings of owner-occupied residential property for private use, as well as a constitutional amendment that could make the ban permanent.
She said McClintock's measure goes too far because some takings of commercial property may be necessary to spur redevelopment in blighted areas.
The taking of a single-family residence, owner-occupied, is an extremely rare occurrence in California,'' said Joseph Coomes, a redevelopment attorney and former Sacramento city attorney.
In 1994, a takings measure adopted by the Arizona legislature was rejected by the voters at the ballot box by a margin of 60 to 40, and Washington voters rejected a similar measure by the same margin in 1996, resulting in a significant cooling of political interest in the takings issue at the state level.
In Congress, expansive takings legislation was a centerpiece of the "Contract with America" promoted by the Republican-controlled House of Representatives in the 104th Congress.
Although aggressive takings measures have stalled in Congress, the takings issue certainly remains an important legislative issue.
Once the notion of compensation is accepted by the parties as part of their means to negotiating and solving their water disputes, a variety of methods may be broached for implementing such compensation, including the possibility of working out cash payments for past and/or future compensation, concessions regarding the reallocation of particular resources in the future, and even restitution or repayments-in-kind for past takings.
101] The analysis is also complicated by the notion that takings from different sources of water and under different circumstances might require different determinations of compensation.
Setting aside the enticing topic of judicial takings for the moment, we can begin with takings doctrine as it has been applied to actions emanating from the legislative and executive branches, which I will refer to in this essay collectively as "nonjudicial" takings.
Next, we must consider how this square of governmental takings intersects with the respective realms of legitimate and impermissible government actions depicted in Slide 1.
For the white men who were initiated into the Improved Order of Red Men, taking
ritualized risks such as the initiation hunt were a racially transformative experience, in which "pale faces" became true Red Men.