Real Estate/Development
Jun. 29, 2010
Supreme Court Addresses Judicial Taking of Property Rights
The U.S. Supreme Court considers for the first time whether the Takings Clause of the Fifth and 14th Amendment applies to courts, says Roderick Walston of Best Best & Krieger.
The U.S. Supreme Court recently waded into a thorny constitutional thicket by considering - for the first time - whether the Takings Clause of the Fifth and 14th Amendments of the U.S. Constitution applies to courts when they change the definition of property. Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection, et al., 2010 U.S. LEXIS 4971 (June 17, 2010). If the Takings Clause applies, the co...
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