Professor Shelley Saxer, "The Impact of Knick on Regulatory Takings," -- Property Jotwell
Professor Shelley Ross Saxer's article, "The Impact of Knick on Regulatory Takings and Those Pesky Lucas Exceptions," is published in Property Jotwell. The article reviews David Callies's recently published book, Regulatory Takings After Knick, Total Takings, the Nuisance Exception, and Background Principles Exceptions: Public Trust Doctrine, Custom, and Statutes.
Excerpt from "The Impact of Knick on Regulatory Takings and Those Pesky Lucas Exceptions"
This small but mighty book offers a concise history and understanding of takings jurisprudence as it stood before and after the Knick decision. It brings clarity to a convoluted chronicle of takings litigation and presents specific situations where litigants have asserted a total taking claim and the defense has relied on the various exceptions to Lucas.
This rich and comprehensive information should aid lawyers, courts, scholars, and law students in anticipating and analyzing future factual situations that raise takings challenges.
The complete article may be found at Property Jotwell