Con Law · WikiFramers

Part One - The Structure of Government · Module 2A

The Takings Clause

When regulation becomes confiscation: possessory and regulatory takings, exactions, public use, and just compensation.

Topics

Text and applicability. What counts as property. Possessory takings. Regulatory takings. Exactions. Public use. Just compensation.

Reading list

0 of 14 readings published · the rest are in preparation and will appear here as they are edited

  1. Opinion Loretto v. Teleprompter Manhattan CATV Corp. in preparation
  2. Note Cedar Point Nursery v. Hassid in preparation
  3. Note Pennsylvania Coal Co. v. Mahon in preparation
  4. Note Miller v. Schoene in preparation
  5. Opinion Penn Central Transportation Co. v. New York City in preparation
  6. Opinion Lucas v. South Carolina Coastal Council in preparation
  7. Note Horne v. Department of Agriculture in preparation
  8. Note Palazzolo v. Rhode Island in preparation
  9. Note Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency in preparation
  10. Note Nollan v. California Coastal Commission in preparation
  11. Note Dolan v. City of Tigard in preparation
  12. Note Sheetz v. County of El Dorado in preparation
  13. Opinion Kelo v. City of New London in preparation
  14. Note Brown v. Legal Foundation of Washington in preparation
  15. Current case BBLI Edison, LLC v. City of Chicago, No. 25-1713 (7th Cir. July 22, 2026) (Scudder, J.) (tenant relocation-assistance ordinance challenged as a physical and a regulatory taking). in preparation
How to read this list

A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.