1. Damien M. Schiff Pacific Legal Foundation

2. Takings Tests Physical taking (categorical) Third-party physical taking (categorical) Deprivation of all economically viable use (categorical) Regulation has gone “too far” Economic impact Reasonable investment-backed expectations Nature of regulation

3. The bundle of sticks The parcel as a whole Background principles Public trust doctrine Nuisance Reasonable and beneficial use

4. Williamson County Final decision Denial of compensation Avoiding preclusive merger

5. Discretion over the remedy, including declaratory judgments Sensitive issues of state law, including land-use regulation

6. Six years from date of accrual Government-accelerated erosion Rule of stabilization Substantial encroachment Damages are reasonably foreseeable

7. Exhausting the permitting process The futility exception N.B. Williamson County partially irrelevant Water rights as usufructuary rights

8. Physical versus regulatory takings Public trust, reasonable use, and in-stream uses Right to storage versus right to beneficial use

9. First English Evangelical Lutheran Church versus Tahoe-Sierra Preservation Council Permanent versus temporary easements Valuation Before and after Fair market rental

10. Generally a federal issue Permanent or temporary policy? What’s wrong with a tort remedy?

11. Proximate causation Substantial cause and effect relationship Strict liability

12. Palazzolo v. Rhode Island Reasonable investment-backed expectations Reset even within family Windfall avoidance

13. Due process interlude The excessive rents/fair return rationale Pennell v. City of San Jose: protection of consumer welfare a legitimate interest supporting price controls Pervasively regulated industries

14. Spot zoning Degree of economic impact Nature of government action

15. Public beach easements Rolling easements Erosion versus avulsion

16. Nollan/Dolan Essential nexus Rough proportionality Real property versus money

17. Vested Rights Common law rule Development Agreements No exemption from state and federal regulations Normal rules of contract interpretation

18. www.pacificlegal.org