Prelude to Euclid: The United States Supreme Court and the Constitutionality of Land Use Regulation, 1900-1920

Abstract

Time after time, and with only one dissenting vote in two decades, the Court found that the police power was sufficiently broad to warrant restrictions on the use of land, even when they eliminated existing uses and imposed severe economic loss on landowners. These cases provided a strong proregulation backdrop against which the cases of the 1920s were decided.

Keywords

Land use, Regulatory taking (Law)

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Authors

Joseph Gordon Hylton (Marquette University)

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