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Regulatory takings and the compensation question
DOI link for Regulatory takings and the compensation question
Regulatory takings and the compensation question book
Regulatory takings and the compensation question
DOI link for Regulatory takings and the compensation question
Regulatory takings and the compensation question book
ABSTRACT
This chapter examines the question of whether government regulations of private property that limit its use without actually taking title ever rise to the level of a taking for which compensation is due. Such regulations are pervasive; examples include land-use zoning, environmental and safety regulations, historic landmark designations, and rules requiring accommodations for the disabled. The compensation question addressed is where the dividing line is between non-compensable and compensable regulations. The issue poses an interesting challenge for a positive economic theory of law because of the apparent disconnect between the all-or-nothing way that courts have treated full versus partial takings, and the economic view that they represent points on a continuum. The chapter illustrates a brief review of the key legal and scholarly arguments, and proposes the variety of answers to the compensation question, and sets the stage for a resolution of the issue.