Supreme Court Decision: Regulatory Takings

May 1, 2005

Louis Fisher, Esther Slater McDonald

In its recent decision in Lingle v. Chevron U.S.A., the Supreme Court unanimously repudiated its prior statements that government regulation of private property effects a taking—and, thus, is invalid absent just compensation—if it does not substantially advance a legitimate state interest. The Just Compensation Clause of the Fifth Amendment provides: “[N]or shall private property be taken for public use, without just compensation.” The Court’s decision, which sharply limits constitutional protection for property rights, is one of the most significant of October Term 2004....

Supreme Court Decision: Regulatory Takings