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"Eminent domain"
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The legal crisis within the climate crisis
Climate change creates a difficult choice for property owners and governmental officials alike: Should they invest in costly climate adaptation measures or retreat from climate-exposed areas? Either decision is fraught with legal uncertainty, running headfirst into antiquated legal doctrines designed for a more stable world. Climate impacts to the coastline are forcing policymakers to consider four adaptation tools: (1) resisting climate impacts by building sea walls and armoring the shoreline; (2) accommodating those impacts by elevating existing structures; (3) managed retreat such as systematically and preemptively moving people out of harm's way; and (4) reactively moving people to new locations following natural disasters. This final tool of unmanaged retreat has emerged as the default \"strategy.\" However, longstanding property and tort law doctrines-developed when there was a more stable physical environment-are poised to thwart these tools.
In this Article, I argue that just as climate change destabilizes the physical environment, legal doctrine is also ripe for destabilization. Using coastal zone adaptation challenges as a touchpoint, I show how legal doctrines designed for a more stable physical environment constrain climate adaptation efforts. For example, if governments invest in armoring measures, they will confront physical takings jurisprudence that mandates just compensation. The duty to repair and maintain-a mixed question of property and tort law-complicates disinvestment by states and localities from coastal roads and their retreat from coastal areas. Legal doctrine needs to adapt to meet the climate moment. Absent a doctrinal change, climate adaptation will default to unmanaged retreat-an ad hoc, reactive, and disjointed \"strategy\" that exacerbates existing inequalities.
Journal Article
The Economic Theory of Eminent Domain
Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use.
eBook
The global land grab
The last two years have seen a huge amount of interest in the increasingly contentious issue of land grabbing - the large-scale acquisition of land in the global South. This in-depth and empirically diverse volume takes a step back from the hype to explore a number of key questions: does the 'global land grab' actually exist? If so, what is new about it? And what, beyond the immediately visible dynamics and practices, are the real problems? A comprehensive and much-needed intervention
eBook
Dismantling the Master's House: Reparations on the American Plantation
In southeastern Louisiana, many plantations still stand along River Road, a stretch of the route lining the Mississippi River that connects the former slave ports and presentday cities of New Orleans and Baton Rouge. Black communities along River Road have long experienced these plantations as sites of racialized harm. This Note constructs a normative framework for local reparations that centers these descendant communities and explores the use of eminent domain to break up the landholdings of current plantation owners to make those lands available to descendants. Beyond the descendants in Louisiana's river parishes, this Note is aimed at inspiring a discussion about reparations in other local contexts - across institutions, cities, and states — that are also sites of historical and continued subjugation.
Journal Article
Balancing Surveyor Access and Property Rights in the Age of Cedar Point: A Legal Analysis of Iowa's Evolving Pipeline Troubles
This Note explores the law surrounding surveyor access to private land in Iowa, specifically in the context of carbon pipeline projects. The changing legal landscape influenced by the Cedar Point Nursery v. Hassid decision has generated confusion regarding whether all government intrusions give rise to a Fifth Amendment taking. This Note delves into the historical background of Iowa property owners ' right to exclude, current government entry on private property, the contemporary public outrage, and the legal actions that have arisen due to carbon pipeline surveyors. A new approach is needed--one that respects both property rights and infrastructure development.
Journal Article