Title
More Questions Than Answers: Situating Judicial Takings Within Existing Regulatory Takings Doctrine
Document Type
Article
Publication Date
2011
Abstract
In Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, a four-member plurality of the Supreme Court endorsed the idea that certain judicial action, as well as action by other branches of government, might effect a taking of private property. In explaining its theory of judicial takings, however, the plurality did little to explain how such takings fit within the larger doctrinal and analytical framework for regulatory takings. This Essay evaluates whether the plurality’s discussion of judicial takings is consistent with the preexisting takings framework and how it might impact takings cases in the future. Ultimately, the plurality’s discussion of judicial takings raises more questions than answers and backtracks on the promises of clarity made in the Court’s most recent prior takings decision.
Recommended Citation
Michael B. Kent Jr.,
More Questions Than Answers: Situating Judicial Takings Within Existing Regulatory Takings Doctrine,
29
Va. Envtl. L.J.
143
(2011).
Available at:
https://scholarship.law.campbell.edu/fac_sw/73