Big Changes In Takings Law

The Supreme Court rules that government can be required to compensate owners for takings, even when property owners buy land with pre-existing zoning regulations.

1 minute read

July 2, 2001, 6:00 AM PDT

By Chris Steins @planetizen


"The ruling concerned cases in which property owners buy land knowing that it is subject to environmental or zoning limits -- such as restrictions on developing wetlands or fragile beaches. In a splintered decision that involved shifting majorities on different aspects of the case, five justices said even when such limits are already in place, they can amount to a "taking" from the new owner and require compensation by the government." The ruling astounded many land use professionals, and dramatically impacts the ability of local government to protect environmentally-sensitive lands. The ruling also opens the door for a flood of litigation from owners and developers challenging environmental and zoning regulations and seeking millions in compensatory damages.

Thanks to Chris Steins

Friday, June 29, 2001 in The Washington Post

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