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Article: Dolan v. City of Tigard: another step in the right direction.(Colloquium on Dolan: The Takings Clause Doctrine of the Supreme Court and the Federal Circuit)
- Article from:
- Environmental Law
- Article date:
- January 1, 1995
- Author:
CopyrightCOPYRIGHT 1995 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. JUDICIAL BALANCING AND THE TAKINGS CLAUSE
The Supreme Court's decision in Dolan v. City of Tigard(1) is another step, following Lucas v. South Carolina Coastal Council,(2) in the right direction.(3) In Dolan, a majority of the Court has moved closer to abandoning the illogical distinction between regulatory and nonregulatory takings. Despite its potential to help rationalize takings jurisprudence, however, the Dolan opinion will be understood by some commentators as a relatively insignificant holding about burdens and standards of proof in land use regulation cases.(4) It will certainly be so interpreted by lawyers for, and advocates of, the regulatory state.(5) ...