Takings Law Today: A Primer for the Perplexed

Meltz, Robert
May 2007
Ecology Law Quarterly;2007, Vol. 34 Issue 2, p307
Academic Journal
The article outlines takings law as defined by the Fifth Amendment of the U.S. Constitution. Takings law is derived from eminent domain and requires the government to compensate property owners for interference regarding use of private property. Because takings suits filed by property owners are difficult to prove, some U.S. states have developed statutory regulations for compensation or exceptions from restrictions. Substantive due process, unequal treatment, and tort may be the basis for a suit by a property owner. The article presents information on court cases based on takings law, such as Nollan v. California Coastal Commission, Dolan v. City of Tigard, and Penn Central Transportation Co. v. New York City.


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