ARTICLE CONTENTS[Pages 1-64]
TOP OF ARTICLE
I. Palazzolo: Background of Lower State Court Opinion and Grant of Certiorari
II. The Regulatory Takings Doctrine
III. The Court and Regulatory Takings
IV. The Ripeness of the Problem: The United States Supreme Court Requires a Takings Claim to Be Ripe
V. Requirement of the Lower Courts that Takings Challenges to Wetlands Regulations Be Ripe
VI. The Question of What Happens When Property is Acquired
Prior to the Adoption of a Regulation, the Application
of Which Allegedly Takes Property
A. Is the Underlying Title of Property Diminished When it is Acquired
Subject to a Regulatory Scheme?
B. Background Principles of State Law and the Exclusion of the Full Panoply of Land Use Regulation
1. Is Filling a Wetland a Nuisance?
2. Is the Public Trust Doctrine a Relevant Background Principle?
VII. Does the Acquisition of Already Regulated Property Obviate the Potential of a Taking Because the
Owner Lacks Investment-Backed Expectations?
VIII. How Much Use and Value of Property Can
Government Destroy Before it is Liable
for Inverse Condemnation?
A. What Occurs If a Portion of the Land Has Already Been Developed? What Is the Relevant Parcel in a Takings Analysis?
B. What Occurs If Only a Portion of an Owners Undeveloped
Property Is Taken?
1. Some Courts Have Refused to Look at Restricted Parcels or Portions of Parcels Separately
2. Other Courts Have Treated Regulated Portions of Property as the Takings Denominator
3. Where Will the Supreme Court Land on the Denominator Issue?
C. What Occurs If Only a Portion of the Value of Property Is Taken?