Regulatory Alerts2026-02-09
Added · Updated
Palazzolo v. Rhode Island
The United States Supreme Court held that a property owner's takings claim under the Fifth Amendment is ripe for review once the regulatory agency has reached a final decision denying development permits. The Court further ruled that acquiring title after the enactment of restrictive wetlands regulations does not bar a subsequent claim that those regulations effect a taking, rejecting the argument that post-enactment purchasers have no reasonable investment-backed expectations. Consequently, the case was remanded for the state court to address the merits of the petitioner's Penn Central claim, which had not been previously examined.
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