Takings Clause

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.

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.

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.

Court Rules Against Nashville Sidewalk Ordinance
The city can no longer require developers to pay for or build sidewalks.

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.

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.

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.

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.

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.

Eminent Domain Cases Roil Communities Across Massachusetts
Several communities across Massachusetts are looking to take private property to build new schools.
Reinventing Conservation Easements
In recent decades conservation easements—promises to restrict land development—have become enormously popular, but now they are in trouble.
City of Madera
City of Santa Clarita
Borough of Carlisle
HUD's Office of Policy Development and Research
Chaddick Institute at DePaul University
HUD's Office of Policy Development and Research
Colorado Energy Office
Pima County Community College District
City of Piedmont, CA
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