Part I describes and discusses the significance of the Lucas majority's desire to draft an opinion making environmental regulations more susceptible to takings challenges. Part II identifies the majority's antiquated notions of the physical and social function of real property as the source of the majority's misguided efforts. Finally, Part III describes how the majority's analytical framework may ultimately make it easier, rather than harder, for environmental protection measures to survive takings challenges.
45 Stan. L. Rev. 1411-1432 (1993)
Scholarly Commons Citation
Lazarus, Richard J., "Putting the Correct "Spin" on Lucas" (1993). Georgetown Law Faculty Publications and Other Works. Paper 155.