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.
John R. Nolon & Jessica A. Bacher, 'Takings' Clarified: U.S. Supreme Court Provides Clear Direction, N.Y. L.J., June 15, 2005, at 5, http://digitalcommons.pace.edu/lawfaculty/684/.