We've covered in the past regulatory takings claims and the benchmark three-prong Penn Central test for analyzing potential liability. We've also noted the issues involved in consistently applying those factors, and the resulting unpredictibility in evaluating the merits of potential regulatory takings claims.
William Wade, Ph.D., a resource economist with the firm Energy and Water Economics, often writes about these issues, offering clearly articulated potential solutions to dealing with these Penn Central issues. And Mr. Wade has done it again, as his recent article, Sources of Regulatory Takings Economic Confusion Subsequent to Penn Central appearing in the Environmental Law Reporter, is another fine piece of work. Among other insights, Mr. Wade explains that
Courts have confused ad hoc considerations of case facts with economic valuation methods, which are not ad hoc."
We recommend checking out our colleague Robert Thomas' blog post about Mr. Wade's article at inversecondemnation.com. And, as a shameless plug, take note of Mr. Wade's "Author's Note," paying thanks to yours truly for help with the article. It was a truly enjoyable -- and honorable -- experience working with one of the foremost economic experts in the field of regulatory takings.
- Partner
Brad Kuhn, chair of Nossaman's Eminent Domain & Inverse Condemnation Group, is a nationally-recognized leader in the areas of eminent domain/inverse condemnation, land use/zoning and other property and business disputes. Brad ...
Eminent Domain Report is a one-stop resource for everything new and noteworthy in eminent domain. We cover all aspects of eminent domain, including condemnation, inverse condemnation and regulatory takings. We also keep track of current cases, project announcements, budget issues, legislative reform efforts and report on all major eminent domain conferences and seminars in the United States.
Stay Connected
RSS FeedCategories
- Administration
- Appraisal
- California
- CLIMATE CHANGE
- CONGRESS
- Construction
- Court Decisions
- EPA
- Events
- Goodwill
- GOVERNMENT ADMINISTRATION
- Inverse Condemnation & Regulatory Takings
- Lawsuit
- New Legislation
- Possession
- Projects
- Public Agency Law
- Publications
- Redevelopment
- Regulatory Reform and Proposed Rules
- Right to Take
- Right-of-Way
- Seminars
- Speaking Engagements and Presentations
- Valuation
- Videos
- Water