Our Pacific Legal Foundation colleague Ethan Blevins has published the lead article in the latest edition of the Wake Forest Journal of Law and Policy, and it is on a subject that makes it a must-read for you takings mavens.
The title says it all: “Penn Central in the States.” How do states treat the U.S. Supreme Court’s Penn Central test? Find out here, as Ethan surveys over 200 state court applications of that notorious test. Do they do better than federal courts? What court should you file in?
And if that doesn’t grab you enough, here’s his conclusion:
I conclude that most of these problems do not stem from unfaithful applications of the Supreme Court’s regulatory takings doctrine, but rather are a direct consequence of the Supreme Court’s failure to establish a clear, reliable test rooted in sound principles. I hope this article’s findings can assist in the quest to improve the doctrine.