Shifting Terrains: Upsetting the Balance Between Public Good and Private Interest in the Takings Debate
Date of Graduation
Master of Science in Geospatial Sciences
Geography, Geology, and Planning
Land use planning requires the careful regulation of public and private lands in order to promote the public good. However, as the Supreme Court changes the application of the Takings Clause of the 5th Amendment in state and local cases, the rules under which land use planning has functioned in the past cease to exist. The changes in the interpretaiton of the Takings Clause are the result in a radical shift in judicial and political theories, especially in terms of the application of Epstein's approach to takings, and the emergence of corporate funded public interest law firms and umbrella organizations established to promote a free enterprise approach to constitutional law. Unless planners are willing to look at the political and judicial changes which have given rise to the reinterpretation of the Takings Clause, land use decisions, protecting the public good, are likely to be continually overruled in federal court system.
© Margaret H Dorsett
Dorsett, Margaret H., "Shifting Terrains: Upsetting the Balance Between Public Good and Private Interest in the Takings Debate" (1999). MSU Graduate Theses. 768.