Wednesday, March 30, 2016
Steven Eagle (George Mason) has posted Property Rights after Horne (NYU Journal of Law & Liberty) on SSRN. Here's the abstract:
This Article analyzes the Supreme Court’s 2015 decision in Horne v. Department of Agriculture, which extended to personal property rules regarding “physical takings” previously applicable only to real property. It considers how the majority and other opinions in Horne relate to substantive and procedural issues in regulatory takings jurisprudence. In particular, the Article asserts that Horne, in tandem with the Court’s 2013 decision in Koontz v. St. Johns County Water Management District, may be a basis for rectifying problems resulting from complexities emanating from Penn Central Transportation Co. v. City of New York and other takings doctrines.