July 6th, 2009 — By — In News & Events
Property Prof on SCOTUS review of Stop the Beach Renourishment
Widener University Law Professor D. Benjamin Barros summarizes the property rights case (Stop the Beach Renourishment v. Florida Department of Environmental Protection) recently accepted for review by the Supreme Court in his post: What’s at Stake in Stop the Beach Renourishment. (Our post about this case is available here.)
As Prof. Barros explains, “This case gives the Court the opportunity to answer one of the great open questions in takings law: when, if ever, can a judicial decision constitute a taking of private property in violation of the Fifth Amendment’s Just Compensation Clause?”
Prof. Barros also provides his thoughts on how the case might “play out” before the Court and on what’s at stake with respect to the law of regulatory takings – very interesting and well worth the read.