Document Type
Article
Abstract
The United States Supreme Court holding in Lingle v. Chevron U.S.A., Inc. clarified years of takings jurisprudence and overturned a controversial decision in the case of Agins v. City of Tiburon. This article discusses how the Lingle court denounced the “substantially advances” test created in Agins, as a due process inquiry rather than a proper takings test. The Lingle court instead opted to create a clear four-category paradigm for takings cases, which focuses on the burden the government places on private property rights in order to distinguish takings categories.
Recommended Citation
John R. Nolon and Jessica A. Bacher, 'Takings' Clarified: U.S. Supreme Court Provides Clear Direction, New York Law Journal, June 15, 2005, at 5.