Regulatory Takings

The Law of Regulatory Takings

U.S. Constitution, Amendment V:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

U.S. Supreme Court Cases		California Supreme Court Cases
Del Monte Dunes at Monterey, Ltd. v. City of Monterey (1999) 119 S.Ct. 1624 Dolan v. City of Tigard (1994) 512 U.S. 374 Lucas v. South Carolina Coastal Council (1992) 505 U.S. 1003 Yee v. City of Escondido (1992) 503 U.S. 519 Nollan v. California Coastal Commission (1987) 483 U.S. 825 First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, California (1987) 482 U.S. 304 Keystone Bituminous Coal Ass'n v. DeBenedictis (1987) 480 U.S. 470 Williamson County Regional Planning Commission v. Hamilton Bank (1985) 473 U.S. 172 Agins v. City of Tiburon (1980) 447 US 255 Pennsylvania Central v. New York City (1978) 438 U.S. 104 Pennsylvania Coal Co. v. Mahon (1922) 260 US 393		Landgate v. California Coastal Commission (1998) 17 Cal.4th 1006 Kavanau v. Santa Monica Rent Control Board (1997) 16 Cal.4th 761 Ehrlich v. City of Culver City (1996) 12 Cal.4th 854 Hensler v. City of Glendale (1994) 8 Cal.4th 1 Important Ninth Circuit Cases Dodd v. Hood River County (1995) 59 F.3d 852

For Different Perspectives about Regulatory Takings, see also the following websites:

Community Land Use Project: ("Assisting public agencies find solutions to natural resource and land use issues that appropriately balance private and public interests.")
Endangered Species and Wetlands Report: (A monthly newsletter covering Endangered Species Act, wetlands, and takings developments in Congress, the courts, and at federal regulatory agencies)
Pacific Legal Foundation: ("A voice that speaks for less government and the preservation of free enterprise, private property rights and individual liberties.")

U.S. Constitution, Amendment V:

U.S. Supreme Court Cases

California Supreme Court Cases

Important Ninth Circuit Cases

For Different Perspectives about Regulatory Takings, see also the following websites: