Short Circuit 126 (3/26/20)
Short Circuit
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Split in State Courts on Approval of Takings
This chapter discusses the differing approaches of state courts when it comes to the approval of takings under the Fifth Amendment, with some courts deferring to an asserted public use while others scrutinize for pretextual takings. The potential increase of cases involving private land taken for public use and the challenges of fighting these cases up to the US Supreme Court are also highlighted.
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