The Inevitable Failure of Nuisance-Based Theories of the Takings Clause: A Reply to Professor Claeys

Authors

Stewart E. Sterk, Benjamin N. Cardozo School of LawFollow

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