Restoring Property Rights in Washington: Regulatory Takings Compensation Inspired by Oregon's Measure 37
Part II of this Comment provides a background of regulatory takings jurisprudence, outlining both the U.S. Supreme Court's and Washington courts' respective analyses of regulatory takings challenges under the takings clauses of both the U.S. and Washington Constitutions. Part III discusses the threshold compensation statutes that have been enacted by four states in an effort to remedy the problem of regulatory takings. Part IV examines Oregon's Measure 37 and the lawsuit that validated its constitutionality. Part V analyzes Washington's proposed property rights measure, Initiative 933, and argues that Washington needs a regulatory takings compensation statute. Finally, Part VI concludes that Washington should restore its residents' private property rights by enacting a regulatory takings compensation statute modeled after Oregon's Measure 37.
Kelly Michelle Kelley, Restoring Property Rights in Washington: Regulatory Takings Compensation Inspired by Oregon's Measure 37, 30 SEATTLE U. L. REV. 287 (2006).