Private Property and the Police Power - The Role of Courts, Government, and the Constitution |
One continuously arising issue with lawyers and courts involves the contentious interplay between the use and development of private property (especially land and natural resources), and the government's regulation of that property to protect or benefit the public. The Constitution often referees this conflict, through the Takings Clause, the Due Process Clause, the Contracts Clause, the Anti-retroactivity Doctrine, and the Vested Rights Doctrine. This Seminar explores the historic role of private property in a market-based economy, and the varying levels of protection courts have provided property owners wishing to use their property, when a police power regulation restricts or prevents that use. The Seminar will address how reviewing courts have addressed the role of property, the police power, and the Constitution, and how they perhaps should address this relationship.
Credit Hours: 3
ULW: This course meets the Upper Level Writing Requirement