This Note will trace the evolution of regulatory "temporary" takings from its roots in traditional eminent domain law and examine the practical effects of the Court's decision on regulatory takings analysis. The analysis will specifically question what period of time during the pendency of takings litigation will constitute a "considerable" enough length of time that it becomes a factor in takings analysis and remedies. This Note will conclude that although the First English decision will increase the number of challenges to regulator actions and increase regulator liability it probably will not enhance the actual compensation amount that aggrieved landowners receive.
Sharon A. Woodard, Constitutional Law: Is Time Running out for the Government to Dispute Regulatory Takings - First English Evangelical Lutheran Church v. City of Los Angeles, 10 Campbell L. Rev. 275 (1988).