Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation

8 Pages Posted: 28 Mar 2016

See all articles by Joshua Galperin

Joshua Galperin

University of Pittsburgh - School of Law

Zaheer Tajani

Pace University School of Law; Yale University, School of Forestry and Environmental Studies

Date Written: February 2016

Abstract

The increased need for government-driven coastal resilience projects will lead to a growing number of claims for “partial takings” of coastal property. Much attention has been paid to what actions constitute a partial taking, but there is less clarity about how to calculate just compensation for such takings, and when compensation should be offset by the value of benefits conferred to the property owner. While the U.S. Supreme Court has an analytically consistent line of cases on compensation for partial takings, it has repeatedly failed (most recently in Horne v. U.S. Department of Agriculture) to articulate a clear rule. The authors argue the government should compensate property owners based on the free market value of their remaining property, the calculation of which should include all non-speculative, calculable benefits of the taking.

Keywords: Eminent Domain, Climate Change, Property, Fifth Amendment, Compensation Clause, Land Use, Adaptation, Resilience, Horne v. USDA, Horne, Property

Suggested Citation

Galperin, Joshua and Tajani, Zaheer, Resilience and Raisins: Partial Takings and Coastal Climate Change Adaptation (February 2016). Environmental Law Reporter, Vol. 46, No. 110123, 2016. Available at SSRN: https://ssrn.com/abstract=2755249

Joshua Galperin (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

HOME PAGE: http://law.pitt.edu/people/joshua-galperin

Zaheer Tajani

Pace University School of Law; Yale University, School of Forestry and Environmental Studies ( email )

New Haven, CT 06511
United States

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