Volume 4

The Bundling Problem in Takings Law: Where teh Exaction Process Goes off the Rails

Richard A. Epstein

Thank you very much for having me speak at this conference, and congratulations to you, Michael, for having done so much work in this area for the past forty years. My job on this occasion is to explain why it is necessary to examine the exaction question from the ground up in order to reach a principled solution to what has become a confused body of legal doctrine about an ever-more common legal practice. I take this view because what is striking about virtually all of the Supreme Court decisions in this area is that they assume a legal universe in which the status quo ante is unquestioned.

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4 BRIGHAM-KANNER PROPERTY RIGHTS CONF. J. 133 (2015)