Property Law

Restoring Federal Takings Claims

Shelley Ross Saxer

Abstract Response to Stewart E. Sterk & Michael C. Pollack, A Knock on Knick‘s Revival of Federal Takings Litigation. As Professors Sterk and Pollack noted, “many have cheered” the United States Supreme Court’s holding in Knick v. Township of Scott that overruled the second prong of Williamson County’s ripeness test. Litigants challenging state or local […]

Swallowing its Own Tail: The Circular Grammar of Background Principles Under Lucas

Gregory M. Stein

Response to Michael C. Blumm & Rachel G. Wolfard, Revisting Background Principles in Takings Litigation Abstract The exception to the rule the United States Supreme Court established in Lucas v. South Carolina Coastal Council undercuts that rule more than the Court probably anticipated, as Professor Michael C. Blumm and Ms. Rachel G. Wolfard persuasively demonstrate […]

Differentiating Exclusionary Tendencies

John Infranca

Abstract Despite an academic consensus that easing land use regulations toincrease the supply of housing can help lower housing prices, localopposition to new development remains prevalent. Onerous zoningregulations and resistance to new housing persist not only in wealthysuburbs, but also in lower income urban neighborhoods. In addition tomaking housing more expensive, such policies increase residentialsegregation, […]

Requiem for a Heavyweight: The Decline and Fall of Lucas v. South Carolina Coastal Council

Daniel Farber

Abstract Response to Michael C. Blumm & Rachel G. Wolfard, Revisiting Background Principles in Takings Litigation Part I of this comment reviews Lucas and its use of the concept of background principles as an exception to takings liability. Part II will discuss Professor Blumm and Ms. Wolfard’s important contribution to our understanding of the Lucas […]

Swallowing the Rule: The Lucas Background Principles Exception to Takings Liability

Robert L. Glicksman

Abstract Response to Michael C. Blumm & Rachel G. Wolfard, Revisiting Background Principles in Takings Litigation This essay explores the authors’ assessment of the long-term impact of Lucas and why it was not transformative in precisely the way that many had expected it to be, and their valuable documentation of how the lower courts have […]

Revisiting Background Principles in Takings Litigation

Michael C. Blumm & Rachel G. Wolfard

Abstract Libertarian property rights enthusiasts celebrated the United States Supreme Court’s 1992 decision in Lucas v. South Carolina Coastal Council as a landmark decision that would revolutionize interpretation of the Constitution’s takings clause and finally fulfill its potential as a vehicle for deregulation. Over a quarter-century later, the Lucas decision has failed to meet those […]