Home -> Law Blog Directory -> Real Estate & Property Law Blogs -> inversecondemnation
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Real Estate & Property Law
: inversecondemnationThe Federal Circuit's Economic Failings Undo The Penn Central Test
By Robert Thomas (inversecondemnation.com)
The first task under the Supreme Court's three-part test for an ad hoc regulatory taking under Penn Central is to measure the "economic impact of the regulation." Professor Steven Eagle wrote in the recent edition of his treatise Regulatory Takings that "[d]iscerning the correct measure of economic impact has been the subject of much dispute."
Thanks to the folks at the Environmental Law Institute, who have allowed us to reprint an article from a recent Environmental Law Reporter which brings some clarity to the subject.
In Federal Circuit's Economic Failings Undo the Penn Central Test, William W. Wade, Ph.D., a resource economist with the firm Energy and Water Economics (Columbia, Tennessee), argues:
Faulty understanding of standard economic and financial analysis within regulatory takings cases continues to set this jurisprudence apart from standard tort cases, where state of the art economic methods typically are applied within both liability and damages phases of the trial. Clear examples of economic nonsense can be found in three recent decisions by the U.S. Court of Appeals for the Federal Circuit that ignored competent economic evidence within the Penn Central test to overturn temporary takings decisions. The Federal Circuit?s flip-flop between its 2003 decision in Cienega Garden VIII and its more recent decisions in Cienega Gardens X, Rose Acre Farms, and CCA reveals both misapplication of "parcel as a temporal whole" from Tahoe Sierra, a Lucas case, to Penn Central cases and faulty use of valuation methods appropriate for real property to evaluate the severity of economic impact of temporary business income losses. Confused legal theories cannot be shoehorned into standard economic methods essential to evaluate the Penn Central test.
Download the complete article here.
Full post as published by inversecondemnation on October 22, 2010 (boomark / email).
Child Support
Disputing Paternity
Language Requirements for Citizenship
Naturalization without an English language test
Emergency Economic Stabilization Act of 2008
Bailout Bill HR124
Privacy Protection Act 42 USC 21A
Federal Newsroom Law
Foreign Investment and National Security Act of 2007
Strengthens examination requirements of the Committee on Foreign Investment in the United States
Federal Adoption Tax Credit
Financial Incentive for Adoptive Parents
Specialty Lamp International
Recalls Counterfeit Circuit Breakers
Asbestos Cleanup
Penn. Electric Co. pays part of $77,498 settlement in environmental lawsuit.
False Abuse Accusations
Boothbay Harbor Central School District pays shop teacher $320,000 defamation settlement.
Bayer CropScience AG
alleging farmers suffered economic losses after Bayer's biotech Liberty Link rice was released into the food supply and countries banned US rice.
Water Samples
Govert Well & Pump agrees to $100,000 settlement after failing to test for coliform bacteria.
Canadian Government
allegedly used Canadian soldier as test subjects for nuclear explosion radiation exposure.

Penn Central Transportation Company v. New York, Noteworthy Event
The Federal Circuit's Wyeth v. Kappos Decision
Kahn Leaves Penn State for Washington & Lee
Penn Law building to open in 2012







