David Callies and the Future of Land Use Regulations

Abstract

This essay examines the contributions of David L. Callies to our understanding of property rights and land use regulations. It notes the wide-ranging and impressive scope of his scholarship, and utilizes his body of work to assess future developments in the field of land use law. In the connection, the essay explores Callies’s analysis of such current issues as exactions, inclusionary zoning, the “public use” clause of the Fifth Amendment, the determination of the relevant parcel for regulatory takings purposes, and the ripeness doctrine as a barrier to litigation takings cases in federal court. The essay then offers some thoughts about the future direction of land use law. It concludes by emphasizing the importance of private property in safeguarding individual liberty.

Keywords: Anthony Kennedy, Antonin Scalia, David Callies, Exactions, Horne v. Department of Agriculture, Inclusionary Zoning, Kelo v. City of New London, Lucas v. South Carolina Coastal Council, Mapping Laws, Murr v. Wisconsin, Property Rights, Ripeness Doctrine