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Regulatory takings

Environmental Takings of Private Water Rights--The Case for Water Privatization

This discussion is divided into two parts. The first, which addresses takings of private water rights, makes the following points: government regulation of private property for a public purpose, such as protection of species, raises...

Shaken, Not Stirred: Has Tahoe-Sierra Settled or Muddied the Regulatory Takings Waters?

On April 23, 2002, the U.S. Supreme Court issued its long-awaited decision in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency.1 Commentators and land use planners were...

Economic Backbone of the Penn Central Test After Florida Rock V, K&K, and Palazzolo

Introduction: Too Little Attention to Economic Underpinnings of Penn Central Test

The U.S. Supreme Court remanded Palazzolo v. Rhode Island1 to the Rhode Island Supreme...

A Turning of the Tide: The Tahoe Regulatory Takings Decision

On April 23, 2002, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency,1 the U.S. Supreme Court rejected a regulatory taking claim based on a nearly three-year moratorium on...

Pondering Palazzolo: Why Do We Continue to Ask the Wrong Questions?

I must confess that I first read the U.S. Supreme Court's opinions in Palazzolo v. Rhode Island1 with more than a bit of apprehension—not just because I was afraid about the fate of the nation's...

Palazzolo v. Rhode Island and the Supreme Court's Increased Support of the Constitutional Protection of Private Property: A Response to Echeverria

Introduction

On June 28, 2001, the U.S. Supreme Court rendered its long-awaited decision in Palazzolo v. Rhode Island.1 This closely watched case promises to impact many individuals and...

Palazzolo v. Rhode Island: A Few Clear Answers and Many New Questions

The U.S. Supreme Court's latest regulatory takings decision, Palazzolo v. Rhode Island,1 is significant for its rejection of what I term the positive notice rule.2 It also...

Extrajurisdictional Takings After SWANCC

In January 2001, the U.S. Supreme Court, in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC),1 held that the U.S. Army Corps of Engineers (the Corps) lacks...

Development Moratoria, First English Principles, and Regulatory Takings

Is an intentional temporary deprivation of the use of land not a "temporary taking"? This proposition was asserted by a panel of the U.S. Court of Appeals for the Ninth Circuit in Tahoe-Sierra Preservation Council, Inc. v. Tahoe...

A Preliminary Assessment of Palazzolo v. Rhode Island

This short Dialogue is a first stab at trying to unravel the meaning and significance of the U.S. Supreme Court's ruling in Palazzolo v. Rhode Island,1 issued on June 28, 2001, the last day of the Court'...