In the recent case of Bowlby v. City of Aberdeen, the Fifth Circuit Court of Appeals just ruled that Fourteenth Amendment Due Process Clause property rights claims can be filed in federal court, despite the fact that the Supreme Court’s 1985 Williamson County decision bars many Takings Clause property rights claims from federal courts. Robert […]
Archive | Regulatory Takings
Supreme Court Denies Cert in Important Rent Control Takings Case
The Supreme Court today decided not to hear Harmon v. Kimmel, an important case addressing the question of whether rent control can ever amount to a taking requiring compensation under the Fifth Amendment. I previously blogged about the case in this post, where I urged the Court to consider the issue, and rule that rent […]
When Rent Control Becomes A Taking
Damon Root has an interesting article discussing a potentially important takings case that the Supreme Court is now deciding whether to hear: The handsome five-story brownstone located at 32 West 76th Street in Manhattan doesn’t look like it belongs at the center of a contentious legal struggle. But that impression changes when you learn about […]