Making sense of Penn Central.(regulatory takings law)

From: UCLA Journal of Environmental Law & Policy | Date: December 22, 2005| Author: Echeverria, John D. | Copyright information

"[W]e have frequently observed that whether a particular restriction will be rendered invalid by the government's failure to pay for any losses proximately caused by it depends largely upon the particular circumstances [in that] case."--Penn Central Transportation Co. v. City of New York, 438 U.S. 104, 124 (1978).

"[A] 'totality of the circumstances' analysis masks intellectual bankruptcy."--Thomas Merrill, "The Economics of Public Use," 72 Cornell L. Rev. 61, 92 (1986)....

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