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In sum, then, a prospective judicial takings plaintiff is likely to
She may bring her judicial takings claims in state court,
judicial takings plaintiff determined to obtain compensation probably
On the other hand, a judicial takings plaintiff could
A takings plaintiff seeking not compensation but invalidation of
Thus, although the Hague Regulations permit an Israeli taking of state water and water resources to a greater extent than private waters, substantial restrictions nevertheless exist.
Article 52 allowing for the requisition of private property to serve the needs of the army of occupation or its military operations does not apply in the case of a taking of the water for use in civilian settlements.
Although the Hague Regulations do not expressly allow for the taking of private immovable property such as land, an occupant may arguably take temporary possession of privately owned immovables for the purpose of quartering members of the armed forces and administration.
In instances where Israel's violations arise from a taking of private property without compensation, such as under Articles 52 and 53, the violation may be corrected if such compensation is provided and accepted.
They shall be in proportion to the resources of the country and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.
There is no question that exercises of eminent domain are takings; the only question is whether the taking is for public use.
In other words, the Takings Clause establishes a liability rule regime in which the government unilaterally accomplishes transfers from private parties to itself upon the payment of just compensation--but only if the taking is for public use.
19) Some state supreme courts have also read the takings clauses in their own state constitutions more restrictively than the U.
23) Other regulatory actions that impact property may or may not count as compensable takings.
In the case of eminent domain, the act's location within the square of takings was a given, and the only question was whether it fell within the legitimate portion of that square (the pay zone) by qualifying as a public use.