Search

The article presents the author's comments on several research papers, resources and developments related to the topic of sewers, in context of urban planning in the U.S. The author discusses an observation by Jim Hall, former planning director of Clackamas County, Oregon, on growth management. Lawsuits like Robinson v. City of Boulder and Dateline Builders v. City of Santa Rosa, are also explained by the author.

The article focuses on the reaction to the U.S. Supreme Court ruling in Kelo v. City of New London which involved disturbances around the country. The paper also explores how best to think about Susette Kelo once the initial reactions subsides. The Court invited states and localities to consider carefully the benefits and burdens of using eminent domain for economic development. The Court's ruling that the scope of public use is coextensive with the police power has rejected the argument that private benefits generated by a condemnation render it constitutionally suspect.

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.