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Regulatory takings

Federal Circuit's Economic Failings Undo the <MI>Penn Central <D>Test

Editors' Summary

Faulty understanding of standard economic and financial analysis within regulatory takings cases continues to set this jurisprudence apart from standard tort cases, where state of the art economic methods...

Penn Central for Tomorrow: Making Regulatory Takings Predictable

In 1978, after more than 50 years of silence on regulatory takings, the U.S. Supreme Court decided Penn Central Transportation Co. v. City of New York. Penn Central has since been referred to as the "polestar" of regulatory...

Making Sense of Penn Central

"[W]e have frequently observed that whether a particular restriction will be rendered invalid by the government's failure to pay for any losses proximately caused by it depends largely upon the particular circumstances [in that]...

Making Regulatory Takings Reform Work: The Lessons of Oregon's Measure 37

Editors' Summary

Oregon's Measure 37 was an audacious attempt to create an expansive regulatory takings regime. Contrary to the hopes of its supporters and the fears of its opponents, however, it ultimately failed to provide any...

Lingle, Etc.: The U.S. Supreme Court's 2005 Takings Trilogy

Editors' Summary: The U.S. Supreme Court ruled on three takings cases in its 2004 term: Lingle v. Chevron U.S.A., Inc.; Kelo v. City of New London; and San Remo Hotel, Ltd. Partnership v. City & County of San Francisco. In Lingle,...

Twenty-Five Years Of the Substantial Advancement Doctrine Applied to Regulatory Takings: From Agins To Lingle v. Chevron

Editors' Summary: Beginning with Agins v. City of Tiburon and continuing for 25 years, the U.S. Supreme Court has held that regulation effects a taking when it does not substantially advance legitimate state interests. Throughout this...

Escaping Logical Circularity: The Postenactment Purchaser Problem and Reasonable Investment-Backed Expectations

Imagine buying a piece of property that is subject to a governmental land use regulation such as a zoning ordinance that restricts development or some other use of the property. Under these circumstances, can a claim be brought against...

Regulatory Takings, Public Use, and Just Compensation After Brown

This Article analyzes the potential impact on government regulation of private property rights of the U.S. Supreme Court's recent decision in Brown v. Legal Foundation of Washington.1 That case upheld...

Regulatory Takings After Brown

This Article attempts to unpack the meaning and significance of the recent decision in Brown v. Legal Foundation of Washington,1 in which the U.S. Supreme Court rejected a takings challenge to Washington...

Of Nominal Value: The Impact of Tahoe-Sierra on Lucas and the Fundamental Right to Use Private Property

In the 1992 case of Lucas v. South Carolina Coastal Council,1 the U.S. Supreme Court held that "when the owner of real property has been called upon to sacrifice all economically beneficial uses in the...