Cr. Wise et K. Emerson, REGULATORY TAKINGS - THE EMERGING DOCTRINE AND ITS IMPLICATIONS FOR PUBLIC-ADMINISTRATION, Administration & society, 26(3), 1994, pp. 305-336
In several key rulings since the mid-1980s, the U.S. Supreme Court has
begun to reshape the contours of regulatory takings. The emerging doc
trine appears to reaffirm private rights in property, narrow the reach
of governmental regulation, and extend the scope of judicial review.
Despite their ''muddled'' transitional nature, these developments in t
he regulatory takings arena are sending a clear signal to public admin
istrators to attend more carefully to the effects of their regulatory
actions on private property rights. The purpose of this article is to
analyze the key issues currently at play and point to some of the pote
ntial implications for the field of public administration.