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When Does an Emergency Police Power Constitute and Unconstitutional Taking of Property?

Contains material from Jun 2023

When Does an Emergency Police Power Constitute and Unconstitutional Taking of Property?
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Very well organized presentation on takings vs police powers

Nice presentation. I found it fair, informative, and easy to follow.

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Over 40 years ago, the Texas Supreme Court articulated the “Doctrine of Necessity” as a defense to takings claims that arise from the government’s response to emergency situations like natural disasters, and for police tactics that destroy or damage property to apprehend suspected criminals. What are the parameters of this defense? When the state acts pursuant to its police power, rather than the power of eminent domain, can those actions constitute a taking? When does a tort rise to a level to be considered a taking? This presentation explores these concepts.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 0.50
  • Credit Info
  • TX, CA
  • Specialization: Property Owners Association Law | Real Estate Law
  • TX MCLE credit expires: 6/30/2024

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1. When Does an Emergency Police Power Constitute an Unconstitutional Taking of Property? (Jun 2023)

Robert F. Brown

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29 mins
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29 mins
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Session 1 —29 mins
0.50
When Does an Emergency Police Power Constitute an Unconstitutional Taking of Property? (Jun 2023)

Over 40 years ago, the Texas Supreme Court articulated the “Doctrine of Necessity” as a defense to takings claims that arise from the government’s response to emergency situations like natural disasters, and for police tactics that destroy or damage property to apprehend suspected criminals. What are the parameters of this defense? When the state acts pursuant to its police power, rather than the power of eminent domain, can those actions constitute a taking? When does a tort rise to a level to be considered a taking? This presentation explores these concepts.

Originally presented: Apr 2023 Land Use Conference

Robert F. Brown, Brown & Hofmeister, L.L.P. - Richardson, TX