Regulatory “Takings”: A Pragmatic Approach

Abstract

The Hamilton Bank opinion extends the logic set forth in Agins v. Tiburon, 447 U.S. 255 (1980), 32 ZD 256. In that case, the Court determined that the landowner's failure to submit a development application precluded review of his taking claim. In Hamilton Bank, the landowner carried a development application through the subdivision process, but failed to apply for variances that might have mitigated the economic impact of the regulations. The opinion requires that the landowner make use of available administrative procedures, thus giving municipal decision makers the opportunity to resolve the dispute through interpretation of the municipality's regulations.