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
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.
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