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Regulatory Takings And Ripeness In The Federal Courts, Gregory M. Stein
Regulatory Takings And Ripeness In The Federal Courts, Gregory M. Stein
Vanderbilt Law Review
The Supreme Court held in 1987 that compensation is required automatically whenever a municipality takes property by regulation. The Court has also held repeatedly that federal courts cannot even hear such claims until the landowner meets a demanding ripeness test. Landowners are often unable to survive the protracted ripening period even though their claims might ultimately have proved to be valid. And the occasional municipality that loses a takings case may be liable for a huge award that reflects the lengthy ripening period. Federal courts have persistently refused to acknowledge this tension between takings law and takings procedure.
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