Property Rights after Horne
49 Pages Posted: 8 Mar 2016
Date Written: March 4, 2016
This Article analyzes the Supreme Court’s 2015 decision in Horne v. Department of Agriculture, which extended to personal property rules regarding “physical takings” previously applicable only to real property. It considers how the majority and other opinions in Horne relate to substantive and procedural issues in regulatory takings jurisprudence. In particular, the Article asserts that Horne, in tandem with the Court’s 2013 decision in Koontz v. St. Johns County Water Management District, may be a basis for rectifying problems resulting from complexities emanating from Penn Central Transportation Co. v. City of New York and other takings doctrines.
Keywords: appropriation, constitutional law, exaction, Fifth Amendment, Horne, affordable housing, Koontz, Penn Central, personal property, physical taking, private property, real estate development, real property, reciprocity of advantage, regulatory taking, Takings Clause, urban density, U.S. Constitution
JEL Classification: K11, R38
Suggested Citation: Suggested Citation