U.S. Supreme Court,
Constitutional Law,
Appellate Practice
Jul. 13, 2017
Missed opportunity in takings decision
In Murr v. Wisconsin, the Supreme Court missed a golden opportunity to provide clear guidance on how to identify the relevant property interest at stake in regulatory takings cases.
Bryan W. Wenter
Shareholder
Miller Starr Regalia
Email: bryan.wenter@msrlegal.com
Bryan is a member of the firm's Land Use Department. His practice centers on land use and local government law, with a particular focus on obtaining and defending land use entitlements for a wide range of development projects, including in-fill, mixed-use, residential, retail/commercial, and industrial.
Land use attorneys, land use regulators, and courts are painfully aware that there are few bright lines in takings law, particularly under the jurisprudence of the U.S Supreme Court. Thus, the question of what constitutes a "taking" for purposes of the Fifth Amendment's takings clause --"nor shall private property be taken for public use, without just compensation"--remains a problem of considerable difficulty.
For example, the first...
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