Climate adaptation and the fifth amendment of the United States Constitution: How do adaptation strategies impact regulatory takings claims?

McGuire, Chad (2010) Climate adaptation and the fifth amendment of the United States Constitution: How do adaptation strategies impact regulatory takings claims? In: Shifting Shorelines: Adapting to the Future,The 22nd International Conference of The Coastal Society , June 13-16, 2010 ,Wilmington, North Carolina,

[img]
Preview
PDF (The document's language is English .) - Requires a PDF viewer such as GSview, Xpdf or Adobe Acrobat Reader
Download (48Kb) | Preview
Official URL: http://nsgl.gso.uri.edu/coastalsociety/TCS22/paper...

Abstract

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of the legal issues that must be resolved by governments to effectively deal with regulatory takings claims as coastal mitigation and adaptation plans are implemented. (PDF contains 3 pages)

Item Type: Conference or Workshop Item
Title: Climate adaptation and the fifth amendment of the United States Constitution: How do adaptation strategies impact regulatory takings claims?
Personal Creator/Author:
CreatorsEmail
McGuire, Chadcmcguire@umassd.edu
Date: 2010
Funders: National Oceanographic and Atmospheric Administration, U.S. EPA Coastal Management Branch, U.S. Geolgocial Survey, NOAA Sea Grant
Event Title: Shifting Shorelines: Adapting to the Future,The 22nd International Conference of The Coastal Society
Event Type: Conference
Event Location: Wilmington, North Carolina
Event Dates: June 13-16, 2010
Issuing Agency: The Coastal Society
Uncontrolled Keywords: TCS22
Subjects: Atmospheric Sciences
Law
Environment
Item ID: 3936
Depositing User: Cynthia Murray
Date Deposited: 29 Jul 2010 13:25
Last Modified: 29 Sep 2011 16:42
URI: http://aquaticcommons.org/id/eprint/3936

Actions (login required)

View Item View Item

Document Downloads

More statistics for this item...