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Clarity for New York Takings Law
Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor. The recent Second Department decision of Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), ___ A.D.3d ____, 2017 N.Y. App. Div. LEXIS 8042, (Nov. 15, 2017), provides some guidance on three important regulatory takings issues.
The underlying case was not a regulatory taking per se. Rather, the City of New York condemned property that was 100% wetlands. Had the City not taken title, the owner could have filed an inverse condemnation action against the N.Y.S. D.E.C., claiming that the wetlands restrictions were a regulatory taking. Therefore, in this condemnation action, the just compensation was equal to the property's value as regulated wetlands, plus that additional amount that the owner could have received as a result of the regulatory takings action. For the curious, this methodology is spelled out in Berwick v. State, 107 A.D.2d 79, 84 (2d Dep't 1985).
To get to that point, the owner must first prove that the wetlands regulations constituted a regulatory taking. If someone buys a property that is regulated as wetlands, can the buyer still bring a regulatory takings action against the DEC? After all, the owner bought it with knowledge of the restrictions.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
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