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Architecture & Engineering


By Clair Enlow

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June 26, 2002

Today's land use rules give as well as take

  • The emotions of land ownership and environmentalism run deep. For those who think settlement of the "takings" issue is just a court case away, think again.
    Special to the Journal

    Give it back, or at least pay for it. That’s only fair, according to the people who have brought a series of land use cases to the courts under the "takings" clause of the U.S. Constitution.

    But under what criteria is land actually taken? Are local, state and federal governments liable for financial losses resulting from restrictions on land use?

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