January 15, 2020 Feature

Knick in Perspective: Restoring a Regulatory Takings Remedy

By David L. Callies and Ellen R. Ashford

The subject of takings—the government taking of an interest in real property, either through eminent domain or through the exercise of police power—has been the subject of continuous litigation for nearly a century. The extent to which overzealous exercise of the police power is sufficient to deprive a landowner of rights in property before the property has been “taken” by regulation has bedeviled us ever since Justice Holmes opined in Pennsylvania Coal Co. v. Mahon that a regulation that goes “too far” is a constitutionally proscribed taking.1

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