Regulatory Takings

Hypos

1.    cannot play heavy metal on mayor's birthday
2.    cannot reuse needles for shooting up heroin
  1. temporary
    • 5 year moratorium on any activity
    • 5 year lease
  1. conceptual severance
    • 5% may use for camping area
  1. FSD “so long as the property is not used for dog pound”
    • zoning prohibiting dog pounds
  1. Government takes Brand New Show, makes it the anthem of the state and puts it on the state website
  2. Statute: “no permanent structures”
    • Farming

 

  1. No farming/no permanent structures
    • Woodstock” “Lollapalooza” “South by Southwest”
  1. No use other than corn for ethanol

 

  1. Statute: Lakefront commission; authorized to make reasonable rules to protect beauty of lake for all citizens
  • Rule (a): no farming
  • Rule (b): no marijuana farming
  • Rule (c): no farming with genetically altered crops
  • Enforcement: looks like a genetically altered pear tree