facial challenges

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 …


What Is a “Facial” Takings Claim?

Interesting and frustrating new case out the 10th Circuit, Alto Eldorado Partners v. County of Santa Fe, which doesn’t appear to have gotten coverage from Takings lawyers and scholars and probably should.  The case involved a challenge to Santa Fe County’s inclusionary zoning ordinance, and it carries potential important federalism issues; it also raises — …