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The Original Understanding Of The Takings Clause And The Political Process, William Michael Treanor
The Original Understanding Of The Takings Clause And The Political Process, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
The original understanding of the Takings Clause of the Fifth Amendment was clear on two points. The clause required compensation when the federal government physically took private property, but not when government regulations limited the ways in which property could be used. In 1922, however, the Supreme Court's decision in Pennsylvania Coal v. Mahon established a new takings regime. In an opinion by Justice Holmes, the Court held that compensation must be provided when government regulation "goes too far" in diminishing the value of private property. Since that decision, the Supreme Court has been unable to define clearly what kind …
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Takings Law And The Regulatory State: A Response To R.S. Radford, William Michael Treanor
Georgetown Law Faculty Publications and Other Works
In the Winter 1994 issue of the Fordham Urban Law Journal, R.S. Radford provided an illuminating review of Dennis Coyle's book Property Rights and the Constitution. Radford observes that, in addition to studying post-New Deal land use cases, Coyle "provides an ideological framework that illuminates several key strands in the constitutional jurisprudence of property law ... [and] sets forth his own theories of the vital role of private property in creating and maintaining the American constitutional system." Radford's review is a generally enthusiastic one. He sees Coyle's book as providing a much-needed corrective to "the existing pro-regulatory bias …