About the Author
Regulatory Takings after Knick: Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes.
By David Lee Callies
Regulatory Takings after Knick: Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes.
By David Lee Callies
Regulatory Takings after Knick summarizes the Supreme Court's recent decision in Knick v. Township of Scott which does away with the state action prong of the Court's former ripeness test and what it means for the law of regulatory taking of property. It emphasizes total takings after Lucas v. South Carolina Coastal Commission and the exceptions which permit government to so strictly regulate property as to permit no economically beneficial use of it.
$00
NON-MEMBERS
$00
MEMBERS
$00
SECTION MEMBERS
$00
NON-MEMBERS
$00
MEMBERS
$00
SECTION MEMBERS
*Additional discounts may apply at checkout
Log In to view your rate
Unlock the discounted member rate
Join first as a member, and then purchase this product at special member pricing.
The Supreme Court’s recent decision in Knick v. Township of Scott has been aptly described by some commentators as the most significant property rights case of the last decade. In Knick, the Court found the regulatory takings claim, which had not yet been denied compensation in state court, was ripe nonetheless. In doing so, the Court explicitly overturned the second prong of the so-called Williamson County ripeness test that required property owners to seek a remedy through state action -- usually just compensation -- for the alleged taking before coming to federal court.
The elements of these exceptions are explained in great detail in separate chapters. Understanding these exceptions is critical to litigating about land use regulations for such as open space, agriculture, and preservation/conservation where the subject land is left without any economic use. If the exceptions apply, the landowner gets no compensation. If the exceptions do not apply, the landowner prevails.
Product Details
Authors
Sponsors
Section of State and Local Government Law
Publishers
ABA Book Publishing
ISBN
9781641057486
Page Count
133
Product Code
5330252
Trim Size
6x9
Publication Date
8/18/2020 12:00:00 AM
Resources
Related On-Demand CLE
Audio and Video | On-Demand CLE
Litigate the Vote: What it Means for Texas and America (On-Demand CLE)
Audio and Video | On-Demand CLE
The New Compliance Landscape in Latin America, and Its Practical Impact (On-Demand CLE)
Audio and Video | On-Demand CLE
Who Should Pay for Major Road Projects, in Light of Harstad v City of Woodbury, Minnesota Supreme Court Decision (On-Demand CLE)
Related Events
Apr
13
Events | Webinar
Professors' Corner - Planning and Managing Estates in the Era of COVID-19
As the world is almost overwhelmed by the devastation of the pandemic, there is an urgency to manage those things still within our control. The panelists will discuss how the traditional tools and st…
Apr
21
Events | Webinar
33rd Annual RPTE National CLE Conference
CLE 60 min
Register today for the Section’s Annual Conference, featuring 36 CLE programs conducted by leading practitioners from the real property and trusts and estates arenas.
May
05
Events | Webinar
Understanding Joint Venture Waterfalls and Clawbacks
CLE 90 min
The term “waterfall” is used in partnership agreements, limited liability company agreements and real estate funds (which can be either partnerships or LLCs) to define the manner in which distributio…