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A Major Defeat for Property Rights Advocates

Hardly anyone noticed a decision last June limiting the rights of property owners against regulators.

Murr v. Wisconsin was a sleeper case decided by the Supreme Court last June. But it deserves a lot more attention than it has gotten. As I discuss in a new paper, Murr was a major defeat for property rights advocates and a big win for land use planners and environmentalists. Murr has escaped much …

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The Puzzling Persistence of Takings Litigation

Litigation rates dropped by only a little even when the real estate market collapsed.

Takings litigation is a bit of a puzzle. You would expect the amount of litigation to go up and down depending on the situation in the real estate market. If there’s a lot of new construction, there are more opportunities for conflict between developers and regulators. And if prices are high, so are the economic stakes, …

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