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Supreme Court Should Review Case Posing Key Takings Issues

Posted:
09/20/2002

Joel R. Burcat, Partner and Chair of Saul Ewing's Environment and Natural Resources Practice Group Harrisburg office, co-authors this article regarding the May 30, 2002 decision when the Supreme Court of Pennsylvania reversed a lower court decision which had held that a regulation designating land unsuitable for mining effected a taking of private property. The decision is noteworthy as it involves the most perplexing issue in regulatory takings law today - how to define the relevant parcel for purposes of the takings analysis.