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

See all articles by R. S. Radford

R. S. Radford

The Radford Center for Law, History & Economics

J. David Breemer

Pacific Legal Foundation

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

Radford, R. S. and Breemer, J. David, Great Expectations: Will Palazzolo V. Rhode Island Clarify the Murky Doctrine of Investment-Backed Expectations in Regulatory Takings Law?. Available at SSRN: https://ssrn.com/abstract=648107

R. S. Radford (Contact Author)

The Radford Center for Law, History & Economics ( email )

Davis, CA 95616
United States

J. David Breemer

Pacific Legal Foundation ( email )

Sacramento, CA 95827
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
113
Abstract Views
997
Rank
436,891
PlumX Metrics