Focus (Forum & Focus)
Oct. 27, 2007
What Property-Rights Advocates Get Wrong About the Constitution
Forum Column - By Philip Seymour - Though pro-growth advocates usually consider themselves strict constructionists, their interpretation of the Takings Clause is a remarkable example of judicial activism.
By Philip Seymour
In an Oct. 10 column, conservative commentator Ronald Zumbrun complained that California courts have not gone far enough in "Combating Takings." Zumbrun's wrath falls most heavily on the California Supreme Court's 1998 decision in Landgate, Inc. v. California Coastal Commission, 17 Cal.4th 1006 (1998).
Landgate holds that development delays cau...
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