Taking Legislation: Misguided and Dangerous

Abstract

Over the past few years a legislative trend has swept the nation. By the end of the 1994 session, all state legislatures had considered and/or passed bills that would legislate constitutional takings law.¹ Due to the significant implications attached to taking legislation, it is quite understandable that there is strong opposition from planning, governmental, environmental, and citizen groups. This article will discuss the nature of the legislation.