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Commentary

Takings: Trilogy II

 

Abstract

The land-use law community is abuzz about four important land-use cases pending before the United States Supreme Court. Many observers think that the Court's rulings in the cases, expected beforeJuly 1992, may result in critical changes in land-use law-especially the takings issue that was centered in the cross hairs of controversy by the Court's 1987 land-use decisions. The current cases are about coastal regulations, permit processes, property tax ceilings, and mobile home park rent control. Yet, in these cases, the fate of other types of landuse laws may hang in the balance of the Court's scales of justice because the landowner's constitutionalclaims tend to cut across a variety of land-use controls. In this month's Commentary, Professor Daniel Mandelker, AICP, highlights the importance of the cases, California attorney Molly A. Sellman discusses the rent control case of Yee, and Professor David Callies, AlCP, analyzes the possible outcomes of the coastal regulation case of Lucas-perhaps the most crucial of the four pending cases.

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