"Regulatory Takings Post-Palazzolo: Applying Supreme Court Jurisprudence from the Practical Perspective"

Michael E. Malamut

Synopsis:

The United States Supreme Court left open a number of issues in its Palazzolo decision. This discussion concerns such open issues as: the inclusion of pre-regulation sales in the "parcel as a whole," common law nuisance as a "background principle" of state law, mutual reciprocity of advantage, and the mandate to "decide and explain" regulatory development determination. The discussion treats these issues from a practical perspective as they affect the efforts of an individual small property owner to receive compensation when his property has been rendered a public land preserve through regulation.