Discussions on the National Level

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

Author: Daniel R. Mandelker (Washington University School of Law)

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

    Discussions on the National Level

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

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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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Published on
2000-01-01

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