Private Property Rights



SLN #: 88320
Course Prefix: LAW-657
Course Section: 001
Credit Hours: 3
Instructor(s): Birnbaum

Course Description:
This course will focus upon one of the most controversial topics in the law and a subject which has received considerable attention from the United States Supreme Court in recent years: the conflict between private property rights and the right of the government to acquire private property for public use or to regulate the use of private property in a manner which substantially limits its economic potential. The course will include a detailed review of the most important United States Supreme Court decisions (e.g., Penn Central, Nollan, Lucas, Dolan, Palazzolo,Tahoe and Lingle) which, in the context of so-called "regulatory takingsā€ disputes, explore the circumstances in which government action may go "too far" and constitute a taking of private property without just compensation. The eminent domain process will also be discussed, including the United States Supreme Court's recent decision in Kelo v. City of New London. In addition, a unique section of the course will utilize the land acquisition litigation arising from the planning and construction of the Bank One Ballpark/Chase Field project (Phoenix, Arizona) as a case study. Pleadings from the appellate proceedings will supplement course materials and will focus on the purposes for which private property may be condemned. The course instructor was the principal trial and appellate attorney for the Maricopa County Stadium District. The course will also examine the nature and history of title insurance and the role of title insurance in protecting private property rights. Unlike other courses which focus solely on a limited area of substantive law or, alternatively, on procedural or evidentiary considerations, this innovative course explores all aspects of "takings" law from the evolution of the substantive law through the tactics and strategies often employed at trial and in land use planning decisions. The format will be principally lecture, with lively group discussion anticipated. The course is recommended for future trial attorneys (government and private), for prospective real estate and land use lawyers, and for others with an academic interest in understanding the law and history behind the headlines.

Additional Information:
Credit Hours: 3
Grading Option: Letter Grade Only
Graduation Writing Requirement: No
Flexible Writing Requirement: No
Skills Requirement: No
Final Exam Given: Yes
Final Exam Type: In-Class
Attendance Policy: Per Statement of Student Policies
Online Course Site: Blackboard