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Regulatory takings

Edwards Aquifer Authority v. Bragg

A Texas appellate court affirmed a lower court decision that commercial pecan growers suffered a regulatory taking when the Edwards Aquifer Authority—a water reclamation district—denied the growers' request for a water permit for one of...

McGuire v. United States

The Federal Circuit affirmed a lower court decision dismissing an individual's regulatory takings claim against the Bureau of Indian Affairs (BIA) for refusing to replace a bridge he used to access portions of land he leased from the...

Downing/Salt Pond Partners, L.P. v. Rhode Island

The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for...

Federal Circuit's Economic Failings Undo the <i>Penn Central</i> 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...

Fideicomiso de la Tierra del Caño Martín Peña v. Fortuño

The First Circuit dismissed a land trust's claim that a statute revoking its title to lands in a canal area amounted to a taking and violated its due process rights. The statute amended Law 489, which among other things, created the...

Guggenheim v. Goleta, City of

The Ninth Circuit held that a city's mobile home rent control ordinance, which effects a transfer of nearly 90 percent of the property value from mobile home park owners to mobile home tenants, constitutes a facial regulatory taking...

Schooner Harbor Ventures, Inc. v. United States

The Federal Circuit reversed a lower court's dismissal of a property owner's claim for just compensation after the FWS required mitigation in connection with its sale of property to the U.S. Navy. A property owner sought to sell some of...

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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