ABSTRACT
Regulatory takings cases typically focus on challenges to local regulations that go too far. In 1980, the Supreme Court issued an opinion that has led to more than two decades of confusion relating to regulatory takings. The Court reached the decision in Penn Central by applying a multi-factor test that has subsequently shaped the way in which the High Court has reviewed regulatory takings cases. In Penn Central, the owner of Grand Central Terminal challenged a city's landmark law. The landmark law precluded the demolition of historically significant buildings listed on the city's local register. The residents will argue that it is impossible for the local government to fairly determine development rights now and into the future. Instead, the reviewing court will consider the character of the governmental action and the economic effect of the regulation on the property. Most of the current residents work in agricultural production or in the limited local service economy.
