We've talked in the past about just how hard it is to state a regulatory takings claim under the Supreme Court's decision in Penn Central Transportation Co. v. New York City, 438 U.S. 104. I'd go through the test and how hard it is again, but it's complicated, a lot of work and, quite frankly, I'm a bit tired today. So here's my lazy approach. Read one of our earlier posts on the subject:
- Sometimes Regulatory Takings Do Exist Under Penn Central;
- Takings Claims and the Morass that Surrounds Them; or
- Major Regulatory Takings Case Reversed by Ninth Circuit.
The bottom line is that the courts have ...
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