Penn Central Railroad v. City of New York

The Mystery of Koontz: “Why Are We Here?”

Lyle Denniston of SCOTUSBlog reports that the plaintiff’s argument in the Court’s highest-profile Takings case of the year, Koontz v. St. John’s River Water Management District, did not go well.  Both Rick and I have blogged about the case before, and the more I think about it, it seems to me that the case has been …

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How Plaintiffs Can Win More Takings Cases: A Proposal for California

I’ve never been particularly sympathetic to regulatory takings claims; like many on the left of center, I’m wary of expanding a constitutional doctrine with the potential to severely injure good land-use planning and reconstitute Lochnerism.  That said, it’s hard to look at the reports of many takings cases without getting a strong sense that a lot …

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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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