"Takings" (Inverse Condemnation)
- Law Lecture #1, Fall 2009 - Constitutional Issues in Land Use Regulation
Presenters: Attorney Judith E. Whitelaw, Mitchell Municipal Group, PA
Attorney Laura A. Spector, Mitchell Municipal Group, PA
All land use control ordinances and regulations and decisions of land use boards are subject to challenge under various Constitutional guarantees, including equal protection of the laws, due process of law, free speech and prevention of taking without just compensation. In recent years the New Hampshire Supreme Court and federal courts have issued several important decisions that modify these doctrines as they apply to land use control. This lecture will review the law, examine recent developments and explain the measures municipal officials can take to assure that their regulations and decisions meet current Constitutional standards.
- J.K.S. REALTY, LLC & a. v. CITY OF NASHUA, Argued: April 5, 2012 Opinion Issued: October 10, 2012
(City did not take property by inverse condemnation as a result of a prolonged government planning process and delayed condemnation proceedings.)