Property Law Principles

  1. Public Regulation
    1. Eminent Domain
      1. Definition and Purpose
        1. The power of the government to take private property for public use
          1. Balancing private property rights with public needs
          2. Just Compensation
            1. Determining fair market value
              1. Compensation procedures for property owners
                1. Impact on property owners' financial standing
                2. Public Use Requirement
                  1. Case studies of eminent domain in public projects
                    1. Expansive interpretation of public use and implications
                    2. Alternatives to Eminent Domain
                      1. Encouraging voluntary sale or negotiation
                        1. Land banking and land assembly
                      2. Police Power
                        1. Overview
                          1. Basis for government regulation to protect public health, safety, and welfare
                            1. Distinction from eminent domain
                            2. Health and Safety Regulations
                              1. Building codes and construction standards
                                1. Zoning for health and safety
                                  1. Regulation of hazardous materials and activities
                                  2. Environmental Regulations
                                    1. Land conservation and sustainable use
                                      1. Environmental impact assessments for projects
                                        1. Regulation of pollution and emissions
                                        2. Land Use and Urban Planning
                                          1. Zoning laws and their enforcement
                                            1. Comprehensive plans and land use designations
                                              1. Smart growth and sustainable development policies
                                              2. Social Welfare and Morality
                                                1. Regulation of private property for public morality concerns
                                                  1. Limits on private property use for public policy goals
                                                2. Regulatory Takings
                                                  1. Definition and Controversy
                                                    1. When regulation goes so far it effectively takes property
                                                      1. Balancing regulatory actions with property rights
                                                      2. Compensation and Remedies
                                                        1. Compensation beyond eminent domain
                                                        2. Impact on Property Development
                                                          1. Effect on land development and investment
                                                            1. Negotiation and mitigation strategies with regulators
                                                          2. Regulation of Specific Areas
                                                            1. Coastal and Waterway Regulations
                                                              1. Special rules for coastal property development
                                                                1. Impact of climate change on coastal regulations
                                                                2. Historic Preservation
                                                                  1. Protection of historic sites and buildings
                                                                    1. Balancing modern development with preservation
                                                                    2. Agricultural Land Regulation
                                                                      1. Preservation of farmland and impact on usage
                                                                        1. Subsidies and incentives for agricultural preservation
                                                                      2. Interagency Coordination
                                                                        1. Interaction among federal, state, and local regulations
                                                                          1. Overlapping jurisdictions and cooperative frameworks
                                                                            1. Role of government agencies in enforcing regulations
                                                                            2. Compliance and Enforcement
                                                                              1. Mechanisms for ensuring compliance with public regulations
                                                                                1. Penalties for non-compliance and potential consequences
                                                                                  1. Role of administrative agencies and courts in enforcement
                                                                                  2. Public Input and Participation
                                                                                    1. Opportunities for public comment and influence in regulation
                                                                                      1. Role of public hearings and community engagement
                                                                                        1. Transparency in the regulatory process
                                                                                        2. Future Challenges and Reforms
                                                                                          1. Adapting regulations to technological advancements
                                                                                            1. Addressing climate change and sustainability in regulations
                                                                                              1. Innovations in balancing regulatory goals with protecting property rights