Takings Clause

A wooden gavel with gray background filled with a stack of books.

Home Equity Takings Case Will Move Forward, Federal Judge Rules

Two plaintiffs in Greenfield, Massachusetts, have accused city officials of violating the Takings Clause after the city foreclosed on their properties to recoup unpaid property taxes and then kept all the equity.

June 4, 2024 - Greenfield Recorder

People gathered in front of US Supreme Court building in Washington, D.C.

Will Supreme Court Case Lead to Lower Impact Fees — or Just More Studies?

Everybody seems to think that the recent case from California could lead to dramatically lower fees — and lower housing costs. But that's not what the court decided.

April 26, 2024 - California Planning & Development Report

Workers putting down asphalt on road.

U.S. Supreme Court: California's Impact Fees May Violate Takings Clause

A California property owner took El Dorado County to state court after paying a traffic impact fee he felt was exorbitant. He lost in trial court, appellate court, and the California Supreme Court denied review. Then the U.S. Supreme Court acted.

April 18, 2024 - Los Angeles Times

Vividly colored orange and red autumn trees along sidewalk in Nashville, Tennessee

Court Rules Against Nashville Sidewalk Ordinance

The city can no longer require developers to pay for or build sidewalks.

May 15, 2023 - Courthouse News Service

A sign reads “State Fishery Area Public Easement Open to Fishing.” In the background is a stream surrounded by snow on the ground in a natural setting.

What Is an Easement?

There are limits to the rights and powers associated with land ownership. Easements are a critical example of how property rights can be balanced with the needs of neighbors, the public, and other interests external to the control of property owners.

April 17, 2023 - James Brasuell

Palmer Apartments

Developer Accuses L.A.'s Eviction Moratorium of Illegal Taking, Files Lawsuit

Geoff Palmer is suing the Los Angeles, seeking $100 million to make up for income lost because of the city's eviction moratorium during the pandemic.

August 11, 2021 - Los Angeles Times

Coal Railroad

Mountain Coal States vs. West Coast Cities

A legal battle is being waged between the coal-exporting states of Utah, Wyoming, and Montana and coastal cities in California, Oregon, and Washington that pits the power of local land-use authority against the protection of interstate commerce.

March 16, 2020 - Los Angeles Times

U.S. Supreme Court

Inclusionary Zoning and the Supreme Court

The Supreme Court might decide on the constitutionality of inclusionary zoning. Local land use regulations and affordable housing policies in cities and communities all over the country hang in the balance.

October 10, 2019 - CityLab

Tenant Protections

Rent Control Challenged as an Illegal Taking of Property

A potential precedent setting case against rent control is underway in New York. A Next City article takes an in-depth look at the legal argument made by landlords against the state of New York's new rent control law.

August 5, 2019 - Next City

Prospect Hill Park, Waltham, MA

Eminent Domain Cases Roil Communities Across Massachusetts

Several communities across Massachusetts are looking to take private property to build new schools.

October 27, 2017 - Boston Globe

Reinventing Conservation Easements

In recent decades conservation easements—promises to restrict land development—have become enormously popular, but now they are in trouble.

January 20, 2006 - Lincoln Institute of Land Policy

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Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.