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Article: Substantive due process resurrected through the takings clause: Nollan, Dolan, and Ehrlich.(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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As a practitioner in the planning law field, I have been asked to deal with the practical effects of Dolan v. City of Tigard(1) on local planning practice. That question is laden with speculation. Dolan is the latest in a series of cases from our Supreme Court which tend to be hostile to regulation, sympathetic to property owners, and skeptical of non-traditional land use techniques. The case cannot be viewed in isolation, nor limited to its facts. Lawyers and academics are called on not only to analyze Dolan in particular, but also to review the future of land use regulation in general as portended by Dolan.
Dolan represents a resurrection of the substantive due ...