Expanding Property Rights in Takings Jurisprudence

The Supreme Court recently revisited the scope of the Fifth Amendment’s Takings Clause–this time, in the land-use permitting context. In this Case Note, the author argues that the Court in Koontz v. St. Johns properly prioritized the right at issue over the means by which the government might infringe upon it and, in so doing, provided a broader jurisprudential view of property protections under the U.S. Constitution.

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How Should Lower Courts Interpret Plurality Decisions?