The Supreme Court Fails to Decide the Inverse Condemnation Issue: MacDonald, Sommer & Frates v. Yolo County

Abstract

The purpose of this Article is to review and organize the current law of inverse condemnation in light of MacDonald. First this Article briefly reviews the origin of inverse condemnation and the tangled web woven by the Court in Agins, San Diego Gas, and Hamilton Bank. Second, the Article reviews MacDonald and the state of the law after MacDonald. Finally, the Article provides some insight into what action can be expected from the Court on inverse condemnation and finishes with some practical considerations for current land use disputes.

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Inverse condemnation

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James Geoffrey Durham (University of Dayton)

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