Real Estate/Development
Jan. 13, 2012
Regulatory takings claim: A rare win for property owners
In a rare move, the 4th District upholds a regulatory takings decision under the Penn Central test. By Rick E. Rayl of Nossaman LLP
Regulatory takings claims are notoriously hard to prove. Myriad substantive legal obstacles exist to establishing a successful claim. Even worse for property owners, they often never even get the chance to argue on the merits, as they fail to overcome several procedural hurdles. As a result, published decisions rarely come down in favor of a property owner; it is even more rare to see a decision upholding a claim based on the U.S. Supreme Court...
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