Property Law #38: Regulatory Takings and Nuisance II Monday, Oct 23 2006
1L and Neil Wehneman and Property Law and University of Cincinnati College of Law 1:29 am
In our last episode for Property, we look a bit more at the question of regulation and the “denominator problem”, as well as looking at a third categorical rule. This rule is that regulations that de-value property into inutility are always a taking, unless justified by background principles of common law nuisance.
Penn Central Transportation Company v. City of New York
Lucas v. South Carolina Coastal Council
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