Abstract
In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will be avoided without resort to litigation in the future.
Recommended Citation
John M. Groen and Richard M. Stephens, Takings Law, Lucas, and the Growth Management Act, 16 SEATTLE U. L. REV. 1259 (1993).
Included in
Administrative Law Commons, Constitutional Law Commons, Environmental Law Commons, Land Use Law Commons, Legislation Commons, Property Law and Real Estate Commons, State and Local Government Law Commons