For nearly fifty years, courts distinguished between per se physical takings and regulatory takings. Yet, in 2021, the Supreme Court signaled a change of course with the monumental Cedar Point Nursery v. Hassid decision. The ruling challenges the government’s ability to mandate anything that impacts private property. In the face of environmental catastrophe and increasing pressure to assuage our climate crisis, how can governments respond without triggering a takings challenge?
Chief Justice Roberts in his majority decision may have left the door cracked open for governments to work around the Cedar Point Nursery ruling. By looking at the legacy of other takings challenges, namely Lucas v. South Carolina Coastal Council, this Comment argues that regulators and legislators may find hope in Cedar Point Nursery’s implied and stated exceptions. Florida is at a heightened risk from environmental calamity and will need to rely on creative lawmaking to prevent paying out just compensation. From proposed inspection regimes to wildlife protection and more, Floridian municipal and county governments rely on the temporary use of private property. This Comment pro- poses the ways in which Florida can still achieve progressive climate action while staying within the Supreme Court’s new takings law framework.
Let the Exceptions Do the Work: How Florida Should Approach Environmental Regulation After Cedar Point Nursery v. Hassid,
77 U. MIA L. Rev.
Available at: https://repository.law.miami.edu/umlr/vol77/iss1/7