The Inevitable Failure of Nuisance-Based Theories of the Takings Clause: A Reply to Professor Claeys
Publication Date
2004
Journal
Northwestern University Law Review
Abstract
Rejecting the proposition (advanced by Professor Eric Claeys) that the Rehnquist Court's conservatives have missed an opportunity to transform takings law, this commentary demonstrates that a nuisance-based theory cannot provide a comprehensive basis for takings clause jurisprudence. The commentary further establishes that no plausible vision of originalism supports a nuisance based theory, and concludes by arguing that judicial scrutiny of state and local land use practices is less deferential than it was at the inception of the Rehnquist Court.
Volume
99
First Page
231
Publisher
Northwestern Pritzker School of Law
Keywords
land use planning, nuisance, takings clause
Disciplines
Constitutional Law | Law | Property Law and Real Estate
Recommended Citation
Stewart E. Sterk,
The Inevitable Failure of Nuisance-Based Theories of the Takings Clause: A Reply to Professor Claeys,
99
Nw. U. L. Rev.
231
(2004).
https://larc.cardozo.yu.edu/faculty-articles/641
