This Note examines what state courts and lower federal courts have found to be "background principles" of property and nuisance law that fit into the Lucas exception. The Note examines recent case law that applies the Lucas exception to determine how the law has developed. The Note then explains the facts of Palazzolo v. Rhode Island and discusses how the Court should rule on the issues in light of the difficulty the courts have had in applying Lucas. The Note concludes that the Court must consider the importance of the right to own property in America. The Court should take a firm stance to protect property rights-and democracy-by making sure that the government follows the Constitutional mandate to pay just compensation when it regulates property in a way that results in a taking.
"From Lucas to Palazzolo: A Case Study of Title Limitations,"
Florida State University Journal of Land Use and Environmental Law: Vol. 16
, Article 3.
Available at: https://ir.law.fsu.edu/jluel/vol16/iss2/3