An Insider's Look At The New Property Rights

An attorney provides an insider's look at the Supreme Court case that dramatically alters government's ability to regulate land use.

1 minute read

July 4, 2001, 7:00 AM PDT

By Chris Steins @planetizen

This Wall Street Journal article is written by Harold Johnson, the attorney who represented Mr. Palazzolo before the U.S. Supreme Court in his challenge to land use regulations placed on his property: "... in perhaps the most important part of its ruling. Justice Kennedy made it clear that there is a right to challenge land-use regulations even if they were on the books when the property was purchased. "Were we to accept [the on notice rule]," he wrote, "the postenactment transfer of title would absolve the State of its obligation to defend any action restricting land use, no matter how extreme or unreasonable. A State would be allowed, in effect, to put an expiration date on the Takings Clause."

Thanks to Chris Steins

FULL STORY: Supreme Court Strikes A Blow for Property Rights

Tuesday, July 3, 2001 in Wall St. Journal

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