Entitlement to Substantive Due Process: Old Versus New Property in Land Use Regulation

Abstract

This Essay examines an important rule that bars a substantive due process action when a landowner claims that a municipality has arbitrarily denied a development approval. This rule holds that a landowner cannot challenge the denial unless he has an entitlement to the approval.

Keywords

Due process of law, Land use, Regulatory taking (Law)

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Authors

Daniel R. Mandelker (Washington University School of Law)

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