Regulatory Takings: The Supreme Court Tries to Prune Agins Without Stepping on Nollan and Dolan

Pollak, Daniel
August 2006
Ecology Law Quarterly;2006, Vol. 33 Issue 3, p925
Academic Journal
This article discusses the U. S. Supreme Court ruling on regulatory takings in Lingle v. Chevron. The case involved a challenge to a Hawaii statute that capped the rent that oil companies could charge to gasoline retailers who rent company-owned service stations. In an opinion written by Justice O'Connor, the Court declares that the "substantially advances test is not a valid takings test" and "has no proper place in our takings jurisprudence. " The case originated with Hawaii's effort to control high gasoline prices.


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