REGULATORY TAKINGS - THE EMERGING DOCTRINE AND ITS IMPLICATIONS FOR PUBLIC-ADMINISTRATION

Authors
Citation
Cr. Wise et K. Emerson, REGULATORY TAKINGS - THE EMERGING DOCTRINE AND ITS IMPLICATIONS FOR PUBLIC-ADMINISTRATION, Administration & society, 26(3), 1994, pp. 305-336
Citations number
23
Categorie Soggetti
Public Administration
Journal title
ISSN journal
00953997
Volume
26
Issue
3
Year of publication
1994
Pages
305 - 336
Database
ISI
SICI code
0095-3997(1994)26:3<305:RT-TED>2.0.ZU;2-Y
Abstract
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.