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Commentary

Mistaking the Taking Issue

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Pages 8-10 | Published online: 26 Jul 2011
 

Abstract

The “taking issue”, arising from the fifth amendment proscription against uncompensated takings of private property, continues to disrupt land use control schemes. Stringent regulatory controls will be invalidated if they go too far and effectively deprive a landowner of all reasonable use of his property. Determining when such an unreasonable “taking” occurs, however, has troubled courts for over fifty years.1 There have been four basic tests devised to determine whether or not a given regulation violates the taking proscription. These are as follows:

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