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Less Than Meets The Eye: Murr's Impact Is Likely Limited

Law360, New York (July 3, 2017, 10:29 AM EDT) -- The Supreme Court’s most closely watched property rights case this term, Murr v. Wisconsin, involved what has come to be termed the “denominator problem” in regulatory takings law. The problem is this: where a plaintiff asserts that an onerous governmental regulation amounts to a taking of his or her property, a court must assess the impact of the regulation on the “parcel [of property] as a whole,”[1] not on just one subcomponent of it. But because any given person or company may possess a multitude of...
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