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Regulatory takings

Moratoria as Categorical Regulatory Takings: What First English and Lucas Say and Don't Say

On June 29, 2001, the last day of the October 2000 term, the U.S. Supreme Court granted certiorari to consider "whether the [Ninth Circuit] Court of Appeals properly determined that a temporary moratorium on land development does not...

Procedural Implications of Williamson County/First English in Regulatory Takings Litigation: Reservations, Removal, Diversity, Supplemental Jurisdiction, Rooker-Feldman, and Res Judicata

Introduction

Whether Fifth Amendment regulatory takings claims by landowners against local land use authorities can or should be heard in federal court is a topic of sharp debate.1 The law...

Temporary Regulatory Takings and Development Moratoria: The Murky View From Lake Tahoe

In its landmark decision in First English Evangelical Lutheran Church of Glendale v. County of Los Angeles,2 the U.S. Supreme Court established that temporary regulatory takings must be compensated under...

Custom and Public Trust: Background Principles of State Property Law?

Editors' Summary: In Lucas v. South Carolina Coastal Council, the U.S. Supreme Court held that regulations that deprive a landowner of economically beneficial use of land are compensable under the Fifth Amendment unless the...

Judicial Application of the Endangered Species Act and the Implications for Takings of Protected Species and Private Property

It may seem curious to some that the survival of a relatively small number of three-inch fish among all the countless millions of species extant would require the permanent halting of a virtually completed dam for which Congress has...

Property Rights Legislation: A Survey of Federal and State Assessment and Compensation Measures

Editors' Summary: In recent years, vindication of private-property rights has been the rallying cry of various citizen groups and politicians who believe that certain regulatory restrictions—especially environmental protection...

Developments in Environmental Law: What to Watch

Has environmental law come of age? I think the answer, overall, may be yes. In many senses it has done so; we have made a transition from classic judicial review of administrative action in which environmental advocates such as David...

Property Rights and Responsibilities: Nuisance, Land-Use Regulation, and Sustainable Use

Editors' Summary: This Article addresses the effect of the U.S. Constitution's Takings Clause on the government's authority to protect environmental resources. An earlier Article, published in the May 1994 of ELR, analyzed...

Property Rights, Property Roots: Rediscovering the Basis for Legal Protection of the Environment

Editors' Summary: Environmental regulation has come under increasing attack from those who argue that governmental limitations on property use violate constitutional restrictions on regulatory takings of property. The author...

Lucas v. South Carolina Coastal Council: The Takings Test Turns a Corner

Editors' Summary: Lucas v. South Carolina Coastal Council evoked great interest during the U.S. Supreme Court's 1991-92 Term, attracting dozens of amicus briefs and producing speculation about whether the case would be a...