Land use regulations and the Takings Clause: are courts applying a tougher standard to regulators after Nollan?

Article Abstract:

Commentators assumed that the U.S. Supreme Court's decision in Nollan v. California Coastal Commission, holding that the state could not condition the issuance of a building permit on the grant of an easement across private property without paying just compensation, would change future takings analysis. Although the Nollan Court appeared to apply a heightened scrutiny test in finding that California's means, the easement requirement, did not justify its end, public beach access, courts since Nollan have not required land use regulations to satisfy strict scrutiny. At best, courts still apply the usual rationality review to takings cases, but are perhaps less deferential to state governmental actions.

Public easements

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(Takings issues in the context of environmental regulations.)(Case Note)

Article Abstract:

The Florida District Court of Appeal ruled in Florida Game & Fresh Water Fish Commission v. Flotilla Inc. that the commission's temporary restrictions on the development company was not a regulatory taking under the Fifth Amendment and was therefore not entitled to compensation. A bald eagle nest was discovered on property Flotilla was developing and the commission restricted Flotilla's construction activities while the eagles were nesting. Since Flotilla was able to find purchasers for all its units in spite of construction delays, the court ruled appropriately.

Florida, Environmental law

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The determination of property rights in public contracts after Winstar v. United States: where has the Supreme Court left us?

Article Abstract:

The U.S. Supreme Court in United States v. Winstar Corp. overlooked the distinction between the government's roles as regulator and market participant. These two roles should determine the application of the unmistakability doctrine and the sovereign acts doctrine in interpreting federal contracts. A basic framework is suggested that could enhance consistency in interpretation under the appropriate contractual model.

United States, Public contracts, Government contracts

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