Year: 2002
Type: article
Abstract: In Palazzolo v. Rhode Island, the United States Supreme Court had an opportunity to provide guidance as to what effect notice of limitations on development of property prior to acquisition should have on a takings claim.The clarification was, however, not as significant as anticipated.Although the Court decided that notice of restrictions at the time of acquisition will not necessarily bar a takings claim, it chose not to provide many definitive answers.Notice and transfer of title are apparently relevant considerations in a takings analysis, but exactly how relevant remains unclear.For this reason, Palazzolo, though providing some degree of guidance, will likely perpetuate confusion and inconsistency in state and lower federal courts confronted with notice issues.
Author: Jaime L. Dawes
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2142174209