Jeffrey Haynes

Jeffrey Haynes

(ACOEL) | American College of Environmental Lawyers

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Can Standing Trees Be Taken?

A recent Sixth Circuit decision holding unconstitutional a municipal tree ordinance that required mitigation or payment as a condition of tree removal has caused some consternation among municipal lawyers, who foresee the...more

3/11/2022  /  Fifth Amendment , Local Ordinance , Municipalities , Natural Resources , Property Owners , Rough Proportionality Test , Takings Clause , Trees , Unconstitutional Condition
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