COMMENTS: Just Compensation or Just Damages: The Measure of Damages for Temporary Regulatory Takings in Wheeler v. City of Pleasant Grove Skip over navigation
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Copyright (c) 1989 Iowa University
Iowa Law Review

COMMENTS: Just Compensation or Just Damages: The Measure of Damages for Temporary Regulatory Takings in Wheeler v. City of Pleasant Grove

July, 1989

74 Iowa L. Rev. 1243

Author

Cynthia J. Barnes

Excerpt

The fifth and fourteenth amendments to the United States Constitution guarantee that a landowner will be paid just compensation for private property appropriated for a public use. 1 Landowners are entitled to damages when a governmental entity physically invades private property, 2 even if the invasion is only temporary, 3 or enacts a law that deprives a landowner of all substantial use of property. 4 Although there is no physical invasion of private property, the government also must pay just compensation for regulatory takings. 5

The Supreme Court has been reticent, however, about the controversial question of the availability of monetary damages for a temporary regulatory taking. 6 After more than a decade of silence on the constitutional remedy issue, 7 the Court, in First English Evangelical Lutheran Church v. County of Los Angeles, 8 declared that mere invalidation of a successfully challenged land use regulation is an insufficient remedy to meet the rigors of the just compensation clause of the fifth amendment. 9 The Court remanded the case for a determination of damages, but provided no guidelines to assist the lower court in such a formulation. 10

There are several viable approaches to the determination of damages, 11 and courts are split in their application of these approaches. 12 In the wake of First English, the Eleventh Circuit, in Wheeler v. City of Pleasant Grove, 13 established what it considered to be an appropriate measure of damages for temporary regulatory takings. 14 The ...
 
 
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