“Takings” Decision Raises State Law Questions

In a 5-4 decision authored by Justice Alito, the U.S. Supreme Court last week expanded the scope of private property right protections in a takings case which held that a local land use authority must adhere to constitutional takings protections in cases in which a development permit is denied (as opposed to where it is conditionally approved) and in cases in which a monetary exaction (as opposed to a dedication of real property) is demanded as a condition to the granting of the permit.

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