Did Palazzolo Answer the Tough Takings Questions?

Abstract

Maybe the Supreme Court is slowly building a takings edifice that will really impact local decision making, but that has not actually happened yet. And the Court's decision in Palazzolo will probably not result in sweeping changes in actual local planning decisions. In the one area that the Court addressed conclusively, it sustained local decision making. While the rest of the Court's ruling does generally favor the landowner, its holding is not conclusive. And for the future, Palazzolo does little to end the confusion that surrounds key points of takings law—namely, when does a taking occur?