Regulatory Takings: Economic Confusion Subsequent to Penn Central

We've covered in the past regulatory takings claims and the benchmark three-prong Penn Central test for analyzing potential liability.  We've also noted the issues involved in consistently applying those factors, and the resulting unpredictibility in evaluating the merits of potential regulatory takings claims.  

William Wade, Ph.D., a resource economist with the firm Energy and Water Economics, often writes about these issues, offering clearly articulated potential solutions to dealing with these Penn Central issues.  And Mr. Wade has done it again, as his recent article, Sources of Regulatory Takings Economic Confusion Subsequent to Penn Central appearing in the Environmental Law Reporter, is another fine piece of workAmong other insights, Mr. Wade explains that

Courts have confused ad hoc considerations of case facts with economic valuation methods, which are not ad hoc."

We recommend checking out our colleague Robert Thomas' blog post about Mr. Wade's article at inversecondemnation.com.  And, as a shameless plug, take note of Mr. Wade's "Author's Note," paying thanks to yours truly for help with the article.  It was a truly enjoyable -- and honorable -- experience working with one of the foremost economic experts in the field of regulatory takings.

  • Bradford B. Kuhn
    Partner

    Brad Kuhn, Chair of Nossaman's Eminent Domain & Valuation Group, guides private and public sector clients through complex real estate development and infrastructure projects – particularly with eminent domain/inverse ...

California Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain in California. We cover all aspects of eminent domain in California, including condemnation, inverse condemnation, and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts, and report on all major California eminent domain conferences and seminars.

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