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Reasonable Expectations Test Private Property Regulatory Takings

DarrowEverett LLP

Land Use Challenges Showcase What’s There for the ‘Taking’

DarrowEverett LLP on

The Fifth Amendment of the U.S. Constitution provides that “No person shall be… deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just...more

Nossaman LLP

Supreme Court Develops New Multifactor Balancing Test to Determine What Constitutes a “Larger Parcel” in Regulatory Takings Cases

Nossaman LLP on

Last week, the United States Supreme Court in Murr v. Wisconsin issued a key regulatory takings decision which creates a new multifactor balancing test to determine whether two adjacent properties with single ownership could...more

Holland & Knight LLP

U.S. Supreme Court Establishes New Test for Evaluating Property Rights Under the Takings Clause

Holland & Knight LLP on

In Murr v. Wisconsin, No. 15-214, 2017 WL 2694699 (U.S.S.C. June 23, 2017), the U.S. Supreme Court, in a majority opinion by Justice Anthony Kennedy, addressed "one of the critical questions" in the law of regulatory takings:...more

Eversheds Sutherland (US) LLP

Redefining the Denominator: Supreme Court Adopts New Test in Regulatory Taking Case 

In Murr v. Wisconsin, the US Supreme Court declined to find that a landowner's riverfront property was the subject of a regulatory taking. In a 5-3 decision, the majority adopted a new test for defining the bounds of the...more

Holland & Knight LLP

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

Holland & Knight LLP on

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single...more

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