Penn Central for Tomorrow: Making Regulatory Takings Predictable

摘要

Regulatory takings jurisprudence has long been fraught with uncertainty. For more than 50 years, the Supreme Court was silent regarding regulatory takings, and then Penn Central emerged. In the years just after Penn Central, the Supreme Court attempted to refine the jurisprudence, creating per se rules and bright-line tests to aid the Penn Central ad hoc factual inquiry. After laying down several per se rules, however, the Supreme Court began to back away from bright-line rules and retreated to the amorphous Penn Central test.