Partial Taking Claims, Ownership Rights in Land and Urban Planning Practice: The Emerging Dichotomy between Uncompensated Regulation and Compensable Benefit Extraction Under the Fifth Amendment Takings Clause

18 Pages Posted: 20 May 2007

See all articles by Edward H. Ziegler

Edward H. Ziegler

University of Denver Sturm College of Law

Abstract

This article discusses partial regulatory taking claims in the context of zoning and planning laws and examines federal and state court decisions with a view toward identifying judicial principles that determine when the regulation of land use and development may be found to constitute a partial "benefit extraction" taking of private property requiring compensation (under a Penn Central analysis). The article formulates a set of categories and "lines of analysis" that provide the author's view of the court decisions dealing with partial benefit-extraction taking claims and examines how courts have utilized the concepts of causation, proportionality, and horizontal equity in the analysis and resolution of these cases.

Suggested Citation

Ziegler, Edward H., Partial Taking Claims, Ownership Rights in Land and Urban Planning Practice: The Emerging Dichotomy between Uncompensated Regulation and Compensable Benefit Extraction Under the Fifth Amendment Takings Clause. Journal of Land, Resources & Environmental Law, Vol. 22, No. 1, 2002. Available at SSRN: https://ssrn.com/abstract=987309

Edward H. Ziegler (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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