The Court of Appeals on Tuesday held in a closely divided opinion that conservation restrictions on the use of private property do not constitute regulatory takings entitling the owner to compensation, as long as the owner does not lose the right to control access by the general public.
Smith v. Town of Mendon, 177, yielded three separate writings that display ideological differences over the rights of private property owners as opposed to the power of government to infringe on those rights in promoting public interests.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
