NOT FOR THE TAKING: MURR V. WISCONSIN AND THE DENOMINATOR PROBLEM

Written by: Colton Adams

Some of the earliest fundamental privileges in American jurisprudence are the bundle of rights we call “property rights.” As regulations have come into conflict with property land-use rights, however, it has grown increasingly important to protect them from undue government burdens. In 2017, the United States Supreme Court attempted to clarify the scope of property—also known as the denominator—by evaluating several variables to determine if a regulatory taking had occurred. To uphold and protect property rights, the Court must look to state-defined property lot lines—not litigation-specific definitions—to determine how government regulations have impacted private property.

Read Note