Have the U.S. Supreme Court's 5th Amendment Takings Decisions Changed Land UsePlanning in California

摘要

What are the impacts of the U.S. Supreme Court takings rulings on California landuse planning and regulation. The purpose of this study is to bring some empirical evidence to bear on this question. A series of key Supreme Court decisions on takings, starting in 1987, was expected by many to have profound effects. Property rights advocates hoped the new rulings would curb overzealous regulators. Many environmentalists and planners feared that these rulings would have a 'chilling effect' on the legitimate exercise of regulatory authority by local governments. The Supreme Court's rulings on takings are of particular importance in California. Proposition 13 has reduced the ability of local governments to finance public goods and infrastructure through local tax revenues. Local governments responded by increasing their reliance on fees and exactions. The constitutional takings clause may represent yet another limitation on the ability of local governments to finance public improvements. In addition, California's burgeoning population and prized scenic and natural resources make it fertile ground for the conflicts associated with growth: how should transportation infrastructure and other public services be financed as communities spread outward. How should open space, habitat, and access to recreational resources be preserved and paid for. Takings rules can constrain how local governments deal with such questions. Some have predicted or described dire effects from the Supreme Court takings rulings. Others have said the rulings didn't go far enough and call for legislation to further bolster property rights. This study is intended to provide a broader basis of evidence for such discussions. This study thus differs from most of the literature on takings, which generally focuses on legal issues. This study leaves those questions aside, looking instead at how takings issues have actually affected city and county land use regulation in California.