The Supreme Court complicates land use planning:
A Supreme Court property rights decision complicates land use planning and new climate adaptation infrastructure financing.
Why write another long American Bar Association article on a Supreme Court remand decision? Because it reveals the Court’s trend in deviating from past precedent to focus on property rights and advance real estate development interests. The deeper dive illustrates multiple Court gyrations to expand property rights at the expense of important state authority. See, Smith, A., The Supreme Court increases its involvement in local land use: the continuing Sheetz saga, American Bar Association, Natural Resources & Environment Journal, vol 39, no 1 (Summer 2024).
The American Bar Association lets authors share a digital copy. The attachment below has the link to the article. I welcome comments and news of additional legal proceedings seeking to extend the now harder-to-define “unconstitutional conditions” doctrine in other environmental contexts.
