Fifth Amendment Takings: A More Conservative Stand on Land Use Policies
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Authors
Reinmiller, David H.
Issue Date
1988
Volume
21
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In three cases decided late in the October 1986 Term, the United States Supreme Court effectively changed the adjudication of takings claims under the just compensation clause of the fifth amendment. In Keystone Bituminous Coal Association v. DeBenedictis and Nollan v. California Coastal Commission the Court raised the level of scrutiny to which challenged government acts are subjected in determining whether those acts are in fact takings of private property for public use without just compensation. In First English Evangelical Lutheran Church v. County of Los Angeles the Court held that just compensation is required under the fifth amendment where government land use regulations have effected a temporary taking of private property, just as it is required for permanent takings under the state's eminent domain power...
Description
Citation
21 Creighton L. Rev. 213 (1987-1988)
Publisher
Creighton University School of Law