A Challenge to Planners: Solve the Takings Problem

Abstract

The taking issue dominates many discussions of planning and land-use control today. The reaction of the planning profession to three major court decisions indicating that regulatory actions may be considered unconstitutional and compensable takings has been exactly that-a reaction. Even a recent Planning Advisory Service Report from the American Planning Association consists entirely of technical suggestions for improving local ordinances and decision-making processes in light of the court decisions.¹ Although the suggestions are useful to those conducting the day-to-day operations of project review, they are inadequate as a professional response.