Wednesday, March 26, 2008

The Rise and Fall, and Rise Again, of Due Process Challenges to Government Takings

Robert Thomas at posted a link to Property Rights in the Ninth Circuit, and Beyond, by J. David Breemer, et al.

The authors review the rise and fall of substantive due process claims for land use cases in the federal courts, concluding that recent 9th Circuit and U.S. Supreme court cases have restored the ". . . due process rights of property owners [providing] an independent cause of action against irrational and arbitrary land use regulations, thus putting property owners on equal footing with other plaintiff s in the federal courts when it comes to the Due Process Clause." See Crown Point Development, Inc. v. City of Sun Valley, No. 06-35189 (9th Cir., Nov. 1, 2007).

For a link to the article and additional commentary by Mr. Thomas, see his post New Article: Property Rights in the Ninth Circuit, And Beyond.

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