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@article{ART001715605},
author={JEONG, HA MYOUNG},
title={The Alaska Fishery Rights and the Takings Clause's Property},
journal={Public Land Law Review},
issn={1226-251X},
year={2012},
volume={59},
pages={629-644}

TY - JOUR
AU - JEONG, HA MYOUNG
TI - The Alaska Fishery Rights and the Takings Clause's Property
JO - Public Land Law Review
PY - 2012
VL - 59
IS - null
PB - Korean Public Land Law Association
SP - 629
EP - 644
SN - 1226-251X
AB - In Vandevere v. Lloyd(644 F.3d 957 (9th Cir.)), the Ninth Circuit held that the fishermen's entry permits were not a property for purposes of takings claims. In Vandevere, the Ninth Circuit considered whether some of Alaska's regulations on commercial salmon fishing, which shortened fishing seasons, violated the Takings Clause. In 1996, the Alaska Commercial Fisheries Entry Commission began to enact regulations that drastically shortened the drift-gillnet season to run only from June 25 to August 9--shortening the season by seventy-five percent. Vandevere plaintiffs in Alaska's Upper Cook Inlet claimed that the regulations severely diminished the value of their entry permits by limiting the numbers of fishes they could catch and sell. The Ninth Circuit applied a Takings Clause analysis in which state law governs the demarcation of a property right, while federal law governs the manner in which the state must respect that right. Deferring entirely to the Alaska court's holding in a nearly identical case, the Ninth Circuit held that the fishermen's entry permits were not a property for purposes of a takings claim according to regulatory takings precedent.
KW - 어업권(fishery rights);수용(takings);재산권(property);정당보상(just compensation);공물성(public property)
DO -
UR -
ER -

JEONG, HA MYOUNG. (2012). The Alaska Fishery Rights and the Takings Clause's Property. Public Land Law Review, 59, 629-644.

JEONG, HA MYOUNG. 2012, "The Alaska Fishery Rights and the Takings Clause's Property", Public Land Law Review, vol.59, pp.629-644.

JEONG, HA MYOUNG "The Alaska Fishery Rights and the Takings Clause's Property" Public Land Law Review 59 pp.629-644 (2012) : 629.

JEONG, HA MYOUNG. The Alaska Fishery Rights and the Takings Clause's Property. 2012; 59 629-644.

JEONG, HA MYOUNG. "The Alaska Fishery Rights and the Takings Clause's Property" Public Land Law Review 59(2012) : 629-644.

JEONG, HA MYOUNG. The Alaska Fishery Rights and the Takings Clause's Property. Public Land Law Review, 59, 629-644.

JEONG, HA MYOUNG. The Alaska Fishery Rights and the Takings Clause's Property. Public Land Law Review. 2012; 59 629-644.

JEONG, HA MYOUNG. The Alaska Fishery Rights and the Takings Clause's Property. 2012; 59 629-644.

JEONG, HA MYOUNG. "The Alaska Fishery Rights and the Takings Clause's Property" Public Land Law Review 59(2012) : 629-644.