So What Are the “Damagings” Clauses and Why Do We Care?

Maureen E. Brady, The Damagings Clauses, 104 Va. L. Rev. (forthcoming 2018), available at SSRN. Shelley Ross Saxer In her article, The Damagings Clauses, Professor Molly Brady comprehensively analyzes provisions known as “damagings clauses,” which twenty-seven states have enacted in their constitutions. Her work explains the history of their enactment, the courts’ interpretation of these clauses over time, and the potential for reenergizing these constitutional claims to address governmental damages and injuries to property owners that takings jurisprudence or the common law may not otherwise remedy. Professor Brady’s stated goals for the article are to persuade readers that “there is a place for damagings within condemnation law, that this neglected constitutional provision has the capacity to address a confusing and undertheorized gap in the application of the compensation requirement, and that courts have lost sight of the language’s…

Read more detail on Recent Corporate Law Department posts –

This entry was posted in Corporate Law and tagged , , . Bookmark the permalink.

Leave a Reply