58 Pages Posted: 16 Mar 2012 Last revised: 26 Jan 2013
Date Written: March 15, 2012
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.
Keywords: eminent domain, judicial takings, regulatory takings
Suggested Citation: Suggested Citation
Fennell, Lee Anne, Picturing Takings (March 15, 2012). Notre Dame Law Review, Vol. 88, p. 57, 2012; University of Chicago Institute for Law & Economics Olin Research Paper No. 595; U of Chicago, Public Law Working Paper No. 381. Available at SSRN: https://ssrn.com/abstract=2023615