Regulatory Takings

Regulatory Takings

What is considered a “taking”? Has the meaning evolved over time? What are some of the foundational cases in this area? What implications do these precedents have for property rights?

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1 of 3: What is a regulatory taking? [No. 86]

How does the Takings Clause apply to regulations? Prof. Eric Claeys, Professor of Law at Antonin Scalia Law School at George Mason University, gives an overview of the Takings Clause and explains how it applies to disputes between property owners and ... How does the Takings Clause apply to regulations? Prof. Eric Claeys, Professor of Law at Antonin Scalia Law School at George Mason University, gives an overview of the Takings Clause and explains how it applies to disputes between property owners and regulators imposing scenic or aesthetic restrictions on property use.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Learn more about Prof. Eric Claeys:
https://www.law.gmu.edu/faculty/directory/fulltime/claeys_eric

Related links:

Richard Epstein “Physical and Regulatory Takings: One Distinction Too Many”
https://www.law.gmu.edu/faculty/directory/fulltime/claeys_eric

Municipal Research and Services Center, Regulatory Takings
https://www.law.gmu.edu/faculty/directory/fulltime/claeys_eric

Peter Barnes, “How Zoning Regulations Benefit Communities”
https://www.law.gmu.edu/faculty/directory/fulltime/claeys_eric

Jonathan Adler, “Property Rights, Regulatory Takings, and Environmental Protection”
https://www.law.gmu.edu/faculty/directory/fulltime/claeys_eric