Legal Trend at SCOTUS: Regulatory Takings. 3 Key Informed Intel.
What case before the U.S. Supreme Court is about regulatory takings? Murr v. Wisconsin, No. 15-214
What happened to the property owner to spark this lawsuit?
- Property owners owned 2 adjacent, but separate, 1 acre lots
- A County Ordinance prohibits the sale or development of adjacent lots, if 1 lot is less than an acre
- The Property Owners said it prevented them from enjoying and using their land, and prohibited the sale of 1 of the acres
- The Court said, we have to consider both lots as 1 piece of property, and sided with the County
In Amicus briefs to the United States Supreme Court CATO and Owners Counsel of America urge the Court to:
- Set a bright line rule that separate pieces of property shouldbe considered seprarately regardless of common ownership
- Regulatory takings have an economic impact on the property tantamount to an exercise of the government’s eminent domain power. “In this area of law, the size of the property often dictates the severity of the impact – the smaller the property, the more severe the impact.”
OCA | Cato and OCA File Amici Brief in Regulatory Takings Case Before the U.S. Supreme Court