Great Expectations: Will Palazzolo V. Rhode Island Clarify the Murky Doctrine of Investment-Backed Expectations in Regulatory Takings Law?
73 Pages Posted: 13 Jan 2005
Abstract
This article examines the place of an owner's investment-backed expectations in regulatory takings law. Reviewing key Supreme Court decisions and their application in the lower courts, the authors identify recent trends in the application of the investment-backed expectations doctrine that have created new barriers between aggrieved property owners and the guarantees embodied in the Takings Clause of the Fifth Amendment. The article looks to the Supreme Court decision in Palazzolo v. State of Rhode Island to reassess and clarify the place of investment-backed expectations in the takings calculus.
Keywords: Palazzolo, investment-backed expectations, takings clause, fifth amendment, property rights, regulatory takings
JEL Classification: K11
Suggested Citation: Suggested Citation