Coding to Avoid the Takings Trap
Zoning Practice — May 2019
By Mark White, AICP
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The impact of development regulations on property rights is one of the oldest and most persistent legal issues for planners. This is because land development regulations can have an economic impact on property owners. After nearly a century of regulatory takings jurisprudence, the courts have unanimously determined that mere adverse economic consequences do not create a regulatory taking.
This issue of Zoning Practice summarizes the law of regulatory takings as it relates to development regulations and uses the Supreme Court's 2017 decision in Murr v. Wisconsin to illustrate a set of guidelines to help communities minimize their exposure to financial liability under federal and state takings principles.
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About the Author
Mark White, AICP
Mark White is an attorney and urban planner whose practice emphasizes zoning and code drafting. He has completed over 150 development code updates, zoning regulations, and comprehensive plan/smart growth implementation projects for local governments in over 36 states. He has extensive experience in dealing with sign regulations and is a frequent presenter on the subject. He is a member of the North Carolina and Missouri Bars, AICP, and the American Planning Association. Mr. White has a JD and Master of Regional Planning from the University of North Carolina at Chapel Hill.