Question

Do you believe that it is fair for courts to decide whether a regulatory taking has...

Do you believe that it is fair for courts to decide whether a regulatory taking has occurred on a case- by-case basis and not to articulate a general rule on which landowners can rely? Why or why not? answer in 200 words

Homework Answers

Answer #1

It is unfair for the courts to not articulate ageneral rule because in many cases the landowners were deprived of their property due to unfair reasons and this is just because there is no proper rules or guidelines preventing this act. The court must set some guidelines for the regulatory taking and they must be followed so that the landowners will have some rights protecting them. Hence it is not fair for the courts to decide whether a regulatory taking occured on a case by case basis.

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