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Article Title

Murr v. Wisconsin

Case Summary Citation

Murr v. Wisconsin, 137 S. Ct. 1933 (2017).

Abstract

In Murr v. Wisconsin, the Court redefined how to determine private property for a regulatory taking under the Fifth Amendment. Previously, courts have primarily relied on state property principles to determine the relevant unit of property for a regulatory takings claim. However, in this case, the Court adopted a three-factor standard to determine the landowner’s reasonable expectations regarding the treatment of their property. By relying on these factors rather than only on state laws, the Court created a litigation-specific definition of property that could potentially differ from state property boundaries. The three-factor standard may also give the government an unfair advantage in regulatory takings claims by considering state interests more than once in a takings analysis.

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