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Original publisher: [Washington, D.C.] : U.S. General Accounting Office, [2003] OCLC Number: (OCoLC)53441740 Subject: Eminent domain. Excerpt: ... appearance that the Court was changing the three-pronged test set out in the Penn Central decision. However, these officials noted that more recent cases have returned to the Penn Central test, thereby removing the need for updating the Attorney General's guidelines. In contrast, officials at Interior and Agriculture said that it would be helpful if Justice updated the summary of key takings cases contained in an appendix to the guidelines to reflect significant developments in case law over the past 15 years. Other legal experts also said that the Attorney General's guidelines should be updated, noting that regulatory takings case law has not remained static over the past 15 years. For example, a Congressional Research Service attorney who has written extensively on the issue of regulatory takings said that the guidelines should be updated to reflect more recent Supreme Court decisions. This attorney noted that while the EO does not define a " fundamental " change regarding the need for an update, a number of important cases have been decided since the guidelines were issued. For example, the attorney pointed to the Lucas v. South Carolina Coastal 14 Council decision of 1992 concerning a state ban on the development of beachfront property. This attorney noted that this case laid out a categorical exception to the Penn Central test for regulations that deny a property owner all economically viable use of the owner's lands. The attorney stated that Lucas made new law in clarifying when, notwithstanding a denial of all economically viable use, there is no taking. Similarly, other legal experts concerned with the protection of private property rights said that there have been significant developments in regulatory takings case law since 1988. These experts also cited Lucas and other cases and said that these cases furt
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Regulatory takings: implementation of Executive Order on government actions affecting private property use
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