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Commentary

It's about Time: Compensation for a Regulatory Taking

 

Abstract

It's been a long time in coming, but, after four aborted efforts, the United States Supreme Court has finally acknowledged what it has hinted at since at least 1922, in the case of Pennsylvania Coal v. Mahon, 260 U.S. 393: When a governmental regulation takes property, the property owner's remedy is an action for inverse condemnation seeking just compensation, the same as for a physical taking of property.

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