The Supreme Court’s Property Rights Cases

By Steven J. Eagle
October 04, 2005
The U.S. Supreme Court handed down three major decisions affecting private property rights during its 2004-05 term. Lingle v. Chevron U.S.A., Inc. held that substantive due process plays no explicit role in Takings Clause adjudications. San Remo Hotel, L.P. v. City and County of San Francisco confirmed that, at least under the  Court’s current jurisprudence, it is almost impossible to have an asapplied regulatory takings claim heard in federal court. Finally, Kelo v. City of New London essentially drained the Fifth Amendment’s Public Use Clause of any remaining significance, holding that it does not bar the taking of private property for retransfer to other private owners for purposes of economic development....