The Quintessential Best Case for "Takings" Compensation - A Pragmatic Approach to Identifying the Elements of Land-Use Regulations That Present the Best Case for Government Compensation

What types of land use regulation require compensation to land owners continues to bedevil trial judges, landowners and agents of government. This article proposes a "best case" model for compensation focusing on fairness. The best case for compensating a landowner whose property value is diminished by a land use regulation is where the regulation imposes adverse effects on a small number of landowners; entails widely distributed benefits to the community; the landowner appears relatively "innocent" with regard to public harms associated with the land use. The author applies his proposal to such common land use regulations as zoning, Wetland regulation, local anti-growth measures, and shoreline conservation.