TITLE

When Good is Bad: Good v. United States and Reasonable Investment- Backed Expectations

AUTHOR(S)
Hymas, David
PUB. DATE
August 2001
SOURCE
Ecology Law Quarterly;2001, Vol. 28 Issue 2, p431
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In Good v. United States the Federal Circuit tried to clarify the parameters of the reasonable investment-backed expectations test. In ruling against Good's regulatory takings claim, the court held that Good had actual and constructive knowledge of the regulations limiting the use of his property. The court's holding expands prior analyses in two important ways. First, it inquired into Good's expectations after he had already acquired the property. Second, it imputed knowledge of growing public environmental awareness to Good, Given the facts, the court's holding unnecessarily broadened prior case law and did not define its limits for future courts to follow.
ACCESSION #
4850077

 

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