Document Type
Article
Publication Date
2014
Keywords
zoning, urban planning, takings, land use
Abstract
This comment reviews U.S. Supreme Court decisions over the past 100 years which have considered the constitutional limitations on governmental powers. It finds that at the three-quarter mark of the 20th century, a remarkable set of Court precedents had swollen the regulatory powers of governments while shrinking private rights to property and contract. But since the Reagan years, a more conservative Court has undertaken to curtail governmental activity in general, and to limit federal, state, and local planning in particular. A number of 5-4 decisions expanded private property rights and contracted the scope of the federal “commerce power.” The comment considers whether today’s Roberts Court is composing a “requiem for regulation.”
Publication Citation
44 Environmental Law Reporter 10923 (2014).
Disciplines
Land Use Law | Property Law and Real Estate
Digital Commons Citation
44 Environmental Law Reporter 10923 (2014).