A legal analysis of the right of the government to claim water and the impact of the clause in the 5th Amendment. Includes definitions, case studies and court decisions, property interest, nuisance exception and public use.
Written in 1994; 9,000 words; 60 sources; $ 135.95
From the Paper:
"Water Rights and the Takings Clause
Introduction
This paper will discuss the problem of water rights and the Takings Clause of the United States Constitution. The first part of the paper will discuss the background of the Takings Clause in the Fifth Amendment to the U.S. Constitution, examining the analytical framework which has evolved in takings cases. The second part of the paper will examine water rights and the unique characteristics which cause water rights cases to be analyzed in a somewhat different matter than other takings cases. The third part of the paper will discuss the application of the takings analysis to water rights.
Water rights have long been considered a form of property. Property rights..."
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