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Regulatory takings

In the Wake of Lucas v. South Carolina Coastal Council: A Critical Look at Six Questions Practitioners Should Be Asking

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...

Lucas v. South Carolina Coastal Council: Indirection in the Evolution of Takings Law

Editors' Summary: On the last day of its 1992 Spring Term, the U.S. Supreme Court announced its long-awaited decision on land-use regulation in Lucas v. South Carolina Coastal Council, 22 ELR 21104. In Lucas, a 5-4...

Sources of Regulatory Takings Economic Confusion Subsequent to Penn Central

The Federal Circuit Cienega X decision imposes insufficient financial analysis of Penn Central’s two economic prongs to satisfy either economic practice or the Penn Central test. The decision’s imposed...