NDLI: Murr v. Wisconsin and the Future of Takings Law

Please wait, while we are loading the content...

Murr v. Wisconsin and the Future of Takings Law

Content Provider	Scilit
Author	Farber, Daniel A.
Copyright Year	2017
Description	Journal: SSRN Electronic Journal Murr v. Wisconsin was a major defeat for property-rights advocates and a big win for land use regulators and environmentalists. The main issue was seemingly very technical, relating to what’s called the “denominator problem” in takings law. The majority ruled against the owners not only on this issue but on several other open questions in takings law. Although the dissenters favored the owners on the denominator issue, they seemed otherwise content with the majority’s analysis. All the Justices enthusiastically embraced the Penn Central balancing test for regulatory takings – a test that nearly always favors regulators. This triumph of Penn Central is an understandable product of the Court’s dilemma in this area of law. It is willing to adopt neither of the two most principled alternatives: reviving Lochner-era restrictions on government regulation or else giving regulators a blank check. A vigorous attack on regulation would itself upset the settled expectations of property owners. In the face of this dilemma, the best available option seems to be an ad hoc analysis upholding the principle of constitutional protection for property but providing only sporadic protection in practice.
Related Links	https://escholarship.org/content/qt8qp741gv/qt8qp741gv.pdf?t=pnw5vg https://papers.ssrn.com/sol3/Delivery.cfm?abstractid=3061185
ISSN	10914358
e-ISSN	15565068
DOI	10.2139/ssrn.3061185
Journal	SSRN Electronic Journal
Language	English
Publisher	Elsevier BV
Publisher Date	2017-10-28
Access Restriction	Open
Subject Keyword	Journal: SSRN Electronic Journal Cultural Studies Property Rights Regulatory Takings Constitutional Law Property Law Takings Clause
Content Type	Text
Resource Type	Article
Subject	Public Health, Environmental and Occupational Health Psychiatry and Mental Health

Central Library (ISO-9001:2015 Certified)
Indian Institute of Technology Kharagpur
Kharagpur, West Bengal, India | PIN - 721302

See location in the Map
03222 282435
Mail: support@ndl.gov.in

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in