The Takings Litigation Handbook
is the first soup-to-nuts guide to avoiding, litigating
and defeating takings challenges to land use laws.
Co-authored with Andrew Schwartz, Deputy City Attorney
for the City and County of San Francisco, the Handbook
is an indispensable tool for local government attorneys
who face a takings lawsuit or the threat of a takings
suit. |
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The Handbook is now available
online!
To read the entire Handbook in one PDF document, click
here.
To read the Handbook chapter by chapter, click
here.
Background Information on the Takings Litigation Handbook:
No government attorney, land use planner, or other local official
can effectively protect their community from harmful land
use without a working knowledge of takings law. Developers
and other landowners increasingly are attempting to use takings
litigation -- or the mere threat of takings litigation --
to convince government agencies to relax or abandon vital
protections for our neighborhoods and natural environment.
The landowners' voices are amplified by the so-called "property
rights movement," which urges an aggressive application of
the Takings Clause. Recent Supreme Court rulings in favor
of takings claimants contribute to the perception that the
Takings Clause threatens community protections. As a result
of these developments, some public officials are reluctant
to implement community protections in order to avoid the risk
of takings liability.
The perceived risk is more myth than reality. With
a proper understanding of takings doctrine, community officials
can continue to strike a reasonable balance between private
property rights and community interests without incurring
takings liability.
Community Rights Counsel and
the California
Community Land Use Project have designed this Litigation
Handbook to demystify the Takings Clause. The Handbook
results from a series of workshops we are conducting for state
and local government attorneys across the country to delineate
the boundaries of permissible government regulation and identify
areas of uncertainty in the law of takings. This Handbook
and the workshops provide practical advice on winning takings
lawsuits filed against your public agency. The Handbook begins
with practical suggestions for the development of a proper
record, obtaining insurance coverage and filing preliminary
motions. It then discusses in detail the procedural and substantive
defenses that should enable the local government to prevail
in takings cases. It finally addresses the issue of calculating
damages in the unlikely event that liability for a taking
has been found. It is the first ever "soup to nuts" handbook
for defending land use regulations from takings challenges.
There is a place for the Handbook on every local government
lawyer's bookshelf.
The Authors:
Summary of Contents -- 404 pages,
May 2000 (all links below are in PDF format)
To read the entire Handbook in PDF format
(438 pages), click
here.
Foreword
About the Authors
About Community Rights
Counsel and the California Community Land Use Project
Preface
User's Guide
A Terminology Primer
Part I - First Principles and Takings Overview
Chapter 1: The Proper
Interpretation of the Takings Clause
Chapter 2: The Evolution
of Takings Law and Categories of Takings Claims
Part II - Preliminary Issues and Procedural Defenses
Chapter 3: Insurance,
Case Review, and Settlement
Chapter 4: The Correct
Forum and Procedural Defenses
Part III - Substantive Defenses to Regulatory Takings
Claims
Chapter 5: Background
Principles and Expectations
Chapter 6: The Parcel
As a Whole
Chapter 7: Economic
Impact under Lucas and Penn Central
Chapter 8: Due Process
and Takings: The Agins Means-End Inquiry
Chapter 9: Pretrial
Motions, Discovery, and Expert Witnesses
PART IV - Physical Occupations, Dedications, and Impact
Fees
Chapter 10: Loretto
and Physical Occupations
Chapter 11: Required
Dedications, Impact Fees, and the Tests of Nollan and Dolan
Part V - Juries and Just Compensation
Chapter 12: Jury
Trials in Takings Cases
Chapter 13: Just
Compensation
For favorable reviews and other information on the Handbook,
click here.
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