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Temporary takings

Confusion About "Change in Value" and "Return on Equity" Approaches to the <i>Penn Central <d> Test in Temporary Takings

Editors' Summary: In this Article, William W. Wade evaluates the conceptual measurement of economic impact within the Penn Central test for income-producing properties recently adjudicated in the U.S. Court of Federal Claims and U.S....

The Fairest Picture the Whole Earth Affords?: Assessing the Effect of Tahoe-Sierra on the U.S. Supreme Court's Muddled Takings Jurisprudence

I. Introduction

 

In Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, the U.S. Supreme Court concluded that challenges under the U.S. Constitution's Fifth Amendment Takings Clause to...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency:Is There a There There?

On April 23, 2002, the U.S. Supreme Court released its decision in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency,1 ruling 6 to 3 that a temporary prohibition of the use of...

Smart Growth, Dumb Takings

Editors' Summary: Are private-property rights and the growing trend toward "smart growth" laws and programs on a collision course? This Article discusses the extent to which growth management measures imposed by state and local...