Unconstitutional Takings of Private Property

Abstract

Since the Penn Central decision in 1978, there have been occasional indications that the economic liberties of the constitution might be given a new life. But through it all, the now ageless question of whether a regulation of private property has gone too far has remained the defining issue in property rights jurisprudence. Without a marker to determine when a regulation has gone too far, there is nothing left but “sifting facts and weighing circumstances,”¹ all in service to the Penn Central balancing test.