At what point does government red tape become so onerous that it amounts to a taking of private property for which the property owner must be compensated under the Fifth Amendment? That has been a much-discussed question for some time now. I know that some people say the answer is never, but there are indications that the courts may be heading in the other direction.
Two recent cases are illustrative. One is a decision that allows local governments to be sued in state court when a property owner claims that regulations amount to a taking. The other is a California case involving the imposition of historical review requirements after the property owner was allowed to demolish the purportedly historic building on his property.
0 Comments
Leave a Reply. |
AuthorThe contents of this blog, this web site, and any writings by me that are linked here, are all my personal commentary. None of it is intended to be legal advice for your situation. Archives
March 2023
Categories
All
|