Starry-Eyed Hope

January 31, 2014

  • 148 Eminent Domain
  • 148I Nature, Extent, and Delegation of Power
  • 148k2 What Constitutes a Taking; Police and Other Powers Distinguished
  • 148k2.10 Zoning, Planning, or Land Use; Building Codes
  • 148k2.10(1) k. In General.

148 Eminent Domain“Distinct investment–backed expectations,” as an element of a facial takings claim, implies reasonable probability, and not starry eyed hope of winning the jackpot if the law changes to allow the property owner to act on speculative thoughts about developing property into some more economically rewarding venture.

Laurel Park Cmty., LLC v. City of Tumwater, 790 F. Supp. 2d 1290 (W.D. Wash. 2011)