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Full-Text Articles in Land Use Law
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Compensable Regulations And An Alternative Compensation System, Joseph P. Tomain
Faculty Articles and Other Publications
The traditional dichotomy between governmental regulation and takings law no longer represents a viable means of accomplishing present day societal or individual goals with respect to land use. This author believes that a system can be created that considers both the interests of the government and the individual, attempting to reach an equitable and practical result with respect to each. This article explores the potential use of an alternative compensation system relating to governmental activity in the field of land use-a system based not upon the highest and best use principle, but rather upon the use of compensable regulations. The …
Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain
Elimination Of The Highest And Best Use Principle: Another Path Through The Middle Way, Joseph P. Tomain
Faculty Articles and Other Publications
Traditional land use law categorizes governmental activities that affect the value of private property as exercises of either the state's police power or eminent domain power. This dichotomy has created what Professor John J. Costonis describes as the "disparity issue": if in a legitimate exercise of its police power a state reduces the value of land, no compensation is required; if the governmental action devalues land too much, however, it is deemed a taking within the eminent domain power and full compensation according to the land's "highest and best use" is required. Often, this compensation exceeds the land's present value. …