Legislative Expansion of Fifth Amendment "Takings"? A Discussion of the Regulatory Takings Law and Proposed Compensation Legislation

Regulatory Takings , Public Use , and Just Compensation After Brown

This Article analyzes the potential impact on government regulation of private property rights of the U.S. Supreme Court’s recent decision in Brown v. Legal Foundation of Washington. That case upheld mandatory Interest on Lawyers’ Trust Accounts (IOLTA) programs. While Brown ensures continued funding for legal services for lowand moderate-income persons, it is difficult to reconcile with the Co...

Pluralism and Regulatory Failure: When Should Takings Trigger Compensation?

The paper evaluates the desirability of compensation for regulatory takings. To do so, we describe a public choice model in which regulators' decisions are influenced by competing political interests. We consider how the political incentives of landowners, environmentalists, and taxpayers are affected by alternative compensation rules and in turn describe the regulatory decisions made in such a...

The Hidden Function of Takings Compensation

Review of Regulatory Takings : Law , Economics and Politics , by William A . Fischel

A Bargaining Model of Holdouts and Takings

The holdout problem is commonly cited as the justification for eminent domain, but the nature of the problem is not well understood. This paper models the holdout problem in a bargaining framework, where a developer seeks to acquire several parcels of land for a large-scale development. We show that in the absence of eminent domain, holdouts are inevitable, threatening costly delay. However, if...