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Taking of private property

Determining Climate Responsibility: Government Liability for Hurricane Katrina?

In St. Bernard Parish Government v. United States, Louisiana property owners argued that the U.S. government was liable under takings law for flood damage to their properties caused by Hurricane Katrina and other hurricanes....

Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there...

Liquid Gold or Water for Pecans? Valuation of Groundwater in Regulatory Takings Law

In 2012, the Texas Supreme Court’s decision in Edwards Aquifer Authority v. Day reversed 100 years of state water law by changing the principle that establishes groundwater ownership rights from a “rule of capture” to a rule of...

Reliance Interests and Takings Liability for Rail-Trail Conversions: Marvin M. Brandt Revocable Trust v. United States

On October 1, 2013, the U.S. Supreme Court granted certiorari in a relatively obscure case, Marvin M. Brandt Revocable Trust v. United States. On its face, the case involves an interpretation of the property rights created by...

Temporary Takings, Tahoe Sierra, and the Denominator Problem

Hundreds of briefs, decisions, and journal articles debating “how much loss is enough” should be sufficient proof that the Keystone Bituminous “taking fraction” provides poor guidance to decisionmaking in partial regulatory...

The Attack on Frack: New York’s Moratorium on Hydraulic Fracturing and Where It Stands in the Threat of Takings

The Marcellus Shale region is experiencing a boom in natural gas drilling due to high-volume horizontal hydraulic fracturing, more commonly known as hydrofracking. This process has recently become controversial due to alleged drinking...

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...

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