Agins v. Tiburon

• Jonathan Zasloff
• May 9, 2011

The Death of the Facial Takings Claim

Last week, I reported a couple of recent appellate court opinions that grapple with the question of a “facial” takings claims — neither of them, in my view, very satisfactorily.  The problem, as I see it, is this: a regulatory takings claim turns on the impact of a government regulation on the plaintiff.  But since …

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