Ariana Vaisey

Volume 89.8
The Right to Exclude: People, Animals, and Pollution
Ariana Vaisey
B.A. 2017, The University of North Carolina at Chapel Hill; J.D. Candidate 2023, The University of Chicago Law School.

I would like to thank Professor Lior Strahilevitz and the editors and staff of the University of Chicago Law Review for their advice. 

The Supreme Court has deemed the right to exclude one of the most fundamental property rights. Accordingly, the Court has offered the right to exclude heightened protection under the Takings Clause. However, the Court has left significant uncertainty about the scope of the right to exclude that is protected under takings doctrine. For instance, does the Takings Clause require compensation if the government, pursuant to the Comprehensive Environmental Response and Liability Act (CERCLA), requires a landowner to house another party’s pollutants? This Comment draws from property theory and analytical jurisprudence to offer a new approach to takings analyses concerning the right to exclude.