Perkins Coie – CA Land Use & Development Law Report: Supreme Court Announces New Test for Regulatory Takings Claims

 
 
 
 
 
The California Land Use & Development Law Report
Legal Commentary on Planning and Development

We’ve posted articles to our California Land Use & Development Law Report on a development that we think will be of interest to you. Our report publishes articles on recent legal and policy developments in the field of land use, environmental impact review, and permitting, and presents an easy way to keep current. You can choose to subscribe so that you don’t miss a single article.

Supreme Court Announces New Test for Regulatory Takings Claims
Under the doctrine of regulatory takings, a regulation of property that goes “too far” in burdening property rights will be recognized as a Fifth Amendment taking. The Supreme Court’s recent decision inMurr v. Wisconsin (U.S. Supreme Court No. 15-214, June 23, 2017), represents an important step in the evolution of regulatory takings jurisprudence. It addresses the issue of how to define the “proper unit of property” in the regulatory takings analysis, a question often termed “the denominator problem.” In Murr, the Court rejected the notion that a legally defined parcel is necessarily the relevant unit of analysis finding that, under certain circumstances, multiple legal parcels may jointly constitute the relevant unit of property. But the Court avoided adopting a bright-line rule to determine the relevant unit of property and instead adopted a complex, multifactor test to address the denominator problem.

Continue Reading  | Subscribe

 
Advertising Materials – Some jurisdictions in which Perkins Coie LLP practices law may require that this communication be designated as Advertising Materials. You are receiving this e-mail as a friend or client of Perkins Coie LLP.  Legal Notice
Firm Headquarters: 1201 Third Ave., Suite 4900, Seattle, WA 98101
©2017 Perkins Coie LLP. All Rights Reserved. Perkins Coie LLP
Tags: ,