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zoning, urban planning, takings, land use


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).


Land Use Law | Property Law and Real Estate