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The article examines the U.S. Supreme Court's lack of clarity about the economic projections of the Penn Central test in contrast to recent decisions from the Federal Claims Court and the Federal Circuit Court to show how those courts have advanced the framework of the test and measurement of damages. Some section of this paper review conducted cases to show how these courts have examined and relied on the economic underpinnings of this test in recent years. The U.S. Supreme Court implies that regulatory takings do not require that all value be eliminated before a citizen is entitled to compensation.

The article focuses on the First American Title Company versus Melissa R. Devaugh, a register of Deeds for Lapeer County in Michigan. The First American Titled Company, Transnational Title Insurance Company and etc. collectively referred to as First American are title insurance that do business in the state. Melissa R Devaugh was joined in the suit by the Registers of Deeds for Eaton, Saginaw. The First American alleged that practices including the registers of Lapeer County of constituting anti-competitive conduct in violation of the Sherman Act, in that the register did not give bulk discounts for paper copies. The article discusses the court's ruling on the issue.