Zoning, Planning and Use
Mar. 21, 2001
Too Late?
The degree to which a takings claim is impeded because the owner obtained title after a regulation became effective is one issue the court may resolve.
The ability to restrict the use of private property is among the most powerful regulatory tools of modern administrative agencies. One of the primary factors limiting this power is the Takings Clause of the Fifth Amendment to the U.S. Constitution, which provides "nor shall private property be take...
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