Retroactive Application?

The Times-Picayune provides an in-depth look at the issues associated with retroactive application of recently passed Constitutional Amendment No. 3, which limits the amount of damages that oyster farmers can recover as the result of losses from wetland restoration projects. Since many oyster farmers have already won judgments against the state, a retroactive limitation on those judgments poses due process concerns. Accordingly, the big question is whether the state courts will find other grounds to reduce the judgments.

Posted by AJR at October 13, 2003 08:52 AM