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Elisabeth Haub School of Law Faculty Publications

Takings

2003

Land Use Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher Dec 2003

Exacting Tests: Determining When A Taking Is Unconstitutional, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

In the past, courts generally deferred to legislatures when determining whether a law constitutes a regulatory taking. However, not all regulations are treated equal, and different tests apply to different types of regulations. Types of land use actions with a lower threshold of constitutionally include exactions, and regulations that apply fixed fee schedules to private landowners. This article combs both federal and New York law to come to the clear determination that universal standards exist for each type of regulation.


Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher Aug 2003

Regulatory Takings: Governments Can Avoid Successful Challenges, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

Many local officials have the misguided belief that their utilization of land use regulation is greatly impeded by private rights to develop. However, land use regulations have a strong assumption of validity, with courts unlikely to overturn the regulations unless they are clearly erroneous or unreasonable or have no connection to a valid public interest. In addition to explaining development rights, this article provides the reader with insightful information on how local legislatures enact regulations while avoiding regulatory takings challenges.