Real Estate/Development
May 13, 2000
The Road Not Taken
^^OPINION^^ Unsafe and Unsound By Bill Higgins When it comes to property rights and the 5th Amendment's takings clause of the U. S. Constitution, the focus is usually upon a sympathetic homeowner caught in a regulatory quagmire. Largely ignored, however, is how more sophisticated landowners are benefiting from a perceived uncertainty in the law stemming from Nollan v. California Coastal Commission , 483 U.S. 825 (1987) and Dolan v. City of Tigard , 512 U.S. 374 (1994).
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