Picturing Takings

Abstract:     
Takings doctrine, we are constantly reminded, is unclear to the point of incoherence. The task of finding our way through it has become more difficult, and yet more interesting, with the Supreme Court’s recent, inconclusive foray into the arena of judicial takings in Stop the Beach Renourishment. Following guideposts in Kelo, Lingle, and earlier cases, this essay uses a series of simple diagrams to examine how elements of takings jurisprudence fit together with each other and with other limits on governmental action. Visualizing takings in this manner yields surprising lessons for judicial takings and for takings law more generally.

Note: a PowerPoint version of the diagrams is available on the author's faculty webpage or can be obtained by emailing the author.

Number of Pages in PDF File: 58

Keywords: eminent domain, judicial takings, regulatory takings

Accepted Paper Series