Takings Litigation Handbook: Defending Takings Challenges to Land Use Regulations

Takings Litigation Handbook: Defending Takings Challenges to Land Use Regulations




The Handbook is designed to assist government attorneys, land use planners, and other local officials to understand and apply takings law. The Handbook begins with practical suggestions for the development of a proper record, obtaining insurance coverage and filing preliminary motions. It then discusses in detail the procedural and substantive defenses that should enable the local government to prevail in takings cases. It finally addresses the issue of calculating damages in the unlikely event that liability for a taking has been found. It is the first ever 'soup to nuts' Handbook for defending land use regulations from takings challenges.

About the Authors:
Douglas Kendall is founder and Executive Director of Community Rights Counsel, a Washington D.C.-based, nonprofit, public interest law firm which assists communities protect health and welfare by regulating permissible land uses.

Timothy Dowling is Chief Counsel of Community Rights Counsel.

Andrew Schwartz is a Deputy City Attorney for the City and County of San Francisco, and a co-founder of the California Community Land Use Project, a coalition of public agency attorneys and others working to balance individual interests with those of the greater community.

Product Details

ISBN-13: 9780964790810
Publisher: American Legal Publishing Corporation
Publication date: 05/28/2000
Pages: 404
Product dimensions: 6.50(w) x 1.50(h) x 9.50(d)

What People are Saying About This

Joseph L. Sax

At last we have a practical guide for government attorneys defending takings cases, rich in practical litigation advice, yet sacrificing nothing of careful analysis of the cases. (Joseph L. Sax, Professor of Law, University of California at Berkeley)

Henry W. Underhill

The authors have rendered a tremendous service in preparing this Takings Litigation Handbook. They have taken the often Delphic pronouncements of the courts and translated them into plain language, practical tips, and useful tools for litigation. (Henry W. Underhill, Executive Director, International Municipal Lawyers Association)

Robert H. Freilich

This work is too modestly identified as a 'handbook.' It is far more — a definitive guide to judges and practicing attorneys in this most complex of arenas. (Robert H. Freilich, Partner, Freilich, Leitner & Carlisle)

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Takings Litigation Handbook 5 out of 5 based on 0 ratings. 1 reviews.
Guest More than 1 year ago
Finally, there is a book that everyone concerned with defending against 'property rights/ takings' challenges MUST have! Takings Litigation Handbook includes extensive practical pointers, analysis of procedural and substantive defenses and discussions of cases. The Fifth Amendment provides 'nor shall private property be taken for public use without just compensation.' Unwarranted takings claims, however, have been used to threaten smart growth, environmental, planning, historic preservation, health, safety, zoning, and other safeguards that protect people and neighboring property without taking property rights. This book ably covers everything you really need to defend against takings claims: regulatory and physical takings principles, procedural defenses, discovery, and much more. I have specialized in defending against takings claims for over a decade. Based on my experience, this book is essential not only for specialists, but for anyone who has an interest in defending against actual or threatened unjustified takings claims: local, state and federal government attorneys, officials, planners, judges, academics, concerned NGOs and private citizens. Glenn P. Sugameli