Total run time:
9m
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?
When is a landowner most likely to prevail over the government in a regulatory takings dispute? Professor Eric Claeys, Professor of Law at Antonin Scalia Law School at George Mason University, discusses the two cases that carve out exceptions to the
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When is a landowner most likely to prevail over the government in a regulatory takings dispute? Professor Eric Claeys, Professor of Law at Antonin Scalia Law School at George Mason University, discusses the two cases that carve out exceptions to the Penn Central approach, which in general construes regulatory takings cases in a way that gives government activity the benefit of the doubt.
The first exception is “touching,” when a land use restriction orders the owner to allow a physical thing or person to come onto the property, the lead case for which is Loretto v. Teleprompter Manhattan CATV Corp (1982). The second exception is “preventing any use” as determined by the case Lucas v. South Carolina Coastal Council (1992).
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Related Links:
Oyez: Loretto v. Teleprompter Manhattan CATV Corporation
https://www.oyez.org/cases/1981/81-244
Oyez: Lucas v. South Carolina Coast Council
https://www.oyez.org/cases/1981/81-244
EPA: What About Takings?
https://www.oyez.org/cases/1981/81-244
Georgetown Environmental Law & Policy Institute: Regulatory Takings
https://www.oyez.org/cases/1981/81-244
Takings, Just Compensation, and the Environment
https://www.oyez.org/cases/1981/81-244
Court Chips Away at Property Rights
https://www.oyez.org/cases/1981/81-244
Total run time:
9m
Course:
Total videos:
3
Difficulty:
First Year