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- Title
Just a Flesh Wound? The Impact of Lingle v. Chevron on Regulatory Takings Law.
- Authors
Radford, R. S.
- Abstract
The article focuses on the effect of the U.S. Supreme Court case Lingle v. Chevron on the country's regulatory takings law. The decision on the case repudiated a test of the constitutionality of land use regulations under the Takings Clause. The origin and importance of the substantial advancement test is discussed. An evaluation of the Lingle v. Chevron is presented. The court decision on the Lingle case failed to consider an important anomaly in the Ninth Circuit practice, which has barred substantive due process claims on any facts that could conceivably set out a cause of action for a taking, including complaints based on failure to substantially advance legitimate state interests.
- Subjects
UNITED States; LAND use laws; LINGLE v. Chevron USA Inc. (Supreme Court case); EMINENT domain; JUDGMENT (Psychology); ACTIONS &; defenses (Law); REAL property; APPELLATE courts; UNITED States. Constitution
- Publication
Urban Lawyer, 2006, Vol 38, Issue 3, p437
- ISSN
0042-0905
- Publication type
Article