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Unalienable Rights Foundation - Regulatory Takings and Private Property Rights
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 Regulatory Takings and Private Property Rights

Eminent  Domain
The Federalist Society

Regulatory Takings and

Private Property Rights

Featuring Prof. Richard A. Epstein**


Tuesday, February 1, 2011

at 4:00 p.m. (EST)

1-888-632-4541

No registration is necessary.

To participate on the conference call, please dial in to 1-888-632-4541
on Tuesday, February 1, at 4:00 p.m. (EST) via telephone.


Prof. Richard A. Epstein will be discussing the constitutional law relating to regulatory takings, where the government imposes burdens on private property through the use of its regulatory powers. After his initial remarks, the speaker will answer questions from call participants. One focus of the discussion will be Prof. Epstein's article from the latest issue of Engage titled "The Spurious Constitutional Distinction Between Takings and Regulation," which is based on a speech Prof. Epstein gave during a debate on regulatory takings with Dean William M. Treanor at the Fordham University School of Law.
The Spurious Constitutional Distinction Between Takings and Regulation
by Richard A. Epstein
Engage, Volume 11, Issue 3
The major question that I shall address in this short talk concerns a fundamental fault line that is widely embraced in modern American constitutional law. My task is to figure out whether the American constitutional law of takings has a uniform architecture that applies with equal force to cases of government occupation in so-called "physical takings" cases and government regulation in so-called "regulatory takings" cases. For these purposes, I shall confine my attention to real property, and thereby ignore such critical issues as financial rate regulation of public utilities on the one hand or the regulation of intellectual property on the other. In the land context, the difference between these two scenarios is usually not that hard to observe in most settings. A physical taking is said to occur when the government occupies land that was once in the possession of some private party. Or, in the alternative, the government issues an order that allows some private party to enter the land under its authorization. The pivot point is found whenever an owner is allowed to remain in possession, but is forced to share that possession with either the government, or again, private parties who enter under government authorization. Read on...

**Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU Law School. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009, when he was the James Parker Hall Distinguished Service Professor of Law at the University of Chicago. Epstein also has served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution since 2000. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and has been a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Medical School, also since 1983. He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001, From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.

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To review other articles from Engage, Volume 11, Issue 3, please visit ourwebsite here.To receive updates ontopicspertaining to other areas of law, please click here.

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