AALS Annual Meeting, Washington, D.C.    January 2-5, 2003
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Saturday, January 4, 2003

10:30 a.m.-12:15 p.m.
Joint Program of Sections on Property Law and State and Local Government Law

  • Placido G. Gomez, St. Mary's University, Chair and Program Co-Chair, Section on Property Law
  • Audrey G. McFarlane, University of Baltimore, Chair and Program Co-Chair, Section on State and Local Government Law
Wilson C
Marriott Wardman Park Hotel
Mezzanine Level

Balancing the Categorical: Conceptions of Property, Government, Community and Regulatory Takings after Tahoe-Sierra Preservation Council

(Program to be published in The Urban Lawyer.)

Moderator:
David L. Callies, University of Hawaii

Speakers:

  • Steven J. Eagle, George Mason University
  • Robert H. Freilich, University of Missouri-Kansas City
  • Ronald James Krotoszynski, Jr., Washington and Lee University
  • Audrey G. McFarlane, University of Baltimore
  • Laura S. Underkuffler, Duke University
Since 1987's "Taking Trilogy," the U.S. Supreme Court's regulatory takings jurisprudence has seemingly moved towards strengthening protections for property owners against local government land use planning and development regulation. This panel will discuss the Supreme Court's recent landmark takings decision, Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Authority, and its reinvigoration of the Penn Central standard. The panel will consider the implications of the decision for regulatory takings doctrine and land use decision-making and the circumstances under which the notion of "takings" is still a viable, useful or problematic concept.

Business Meeting of Section on State and Local Government Law at Program Conclusion

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