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Question
A developer bought two adjacent coastal lots. Lot 1 contains a small rental cottage. Lot 2 is vacant and was bought for a planned second cottage. One year after the purchase, State B adopted a coastal-resilience rule prohibiting new buildings on lots located within a mapped erosion zone. The state also imposed an 18-month moratorium on all construction permits in the zone while it studied shoreline migration. After the moratorium ended, the state allowed owners to use vacant lots for camping, parking, and seasonal food trucks, but not permanent buildings. The developer can still rent the cottage on Lot 1, but Lot 2 is worth far less without a buildable cottage.
The developer sues for a regulatory taking of Lot 2 and for the 18-month delay. The state argues that the rule prevents harmful erosion-zone development and that the developer's combined property remains economically useful.
Analyze the developer's takings claims under Lucas, Penn Central, and related regulatory-takings principles.