Monday, July 7, 2014

More on the Takings Clause

The takings clause continues to be of great interest not only practically from the point of view of land use lawyers, but academically as well. Recently, the Turo Law Review held a symposium devoted to the takings issue and the Law Review has recently published papers dealing with the topics discussed during that symposium. You can read and download copies of the academic papers here. The topics include standing issues such as those developed in the Williamson County case, the nuisance and state law exceptions to the Lucas rule, and of course the Nollan, Dolan and Koontz trilogy. I have only had an opportunity to read a couple of the articles, but the ones I have read have been quite interesting and if you have any cases in this area of the law, it certainly would be wise to take a look and see if any of the papers presented have an impact or offer greater insight into your legal cause of action.