Show simple item record

dc.contributor.authorMalagrino, D.O.
dc.date.accessioned2020-02-03T22:02:35Z
dc.date.available2020-02-03T22:02:35Z
dc.date.issued2019
dc.identifier.urihttp://hdl.handle.net/10504/125947
dc.description.abstractThe Takings Clause assures Americans that they will not be forced to sacrifice their property for a public good without just compensation. A categorical rule applies when a property owner has been denied all economically viable use of her property, while a balancing test applies when she loses something less. Determining just compensation is when we analyze policy, investment-backed expectations, etc., not to determine if something is a taking requiring just compensation. A total regulatory taking is analogous to a physical taking. The U.S. Supreme Court has generally held that physical invasions of any sort require market-value compensation. Fine, but any regulatory taking is analogous to a physical taking, too.en_US
dc.description.abstractThere is no principled distinction between outright acquisitions and regulatory takings—all are takings, and all should be subject to the Penn Central factor analysis to determine what counts as just compensation, what justice requires as compensation. Justice may require compensation without necessarily measuring that compensation as the market value of the right taken at some particular time, particularly because, since Tahoe, takings themselves are identified by the Penn Central ad hoc balancing test.
dc.publisherCreighton University School of Lawen_US
dc.titleAmong Justice John Paul Stevens's Landmark Legacies: Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agencyen_US
dc.typeJournal Articleen_US
dc.rights.holderCreighton Universityen_US
dc.description.volume53en_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.title.workCreighton Law Reviewen_US
dc.description.pages77-110en_US
dc.date.year2019en_US
dc.date.monthDecember
dc.description.issue1en_US


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record