,,,May the Factors Be Ever in Your Favor: How Murr v. Wisconsin Sows Confusion in the Regulatory Taking Fields

Abstract

“[M]ay the odds be ever in your favor!”1 That phrase from the cultural phenomenon The Hunger Games might soon come from the mouths of court clerks before every regulatory takings case. Historically, the law surrounding regulatory takings has been muddled.2 But the Supreme Court confused the field further when it decided Murr v. Wisconsin on June 23, 2017.3 This Note analyzes the Supreme Court’s decision and the potential consequences it holds for private property owners. Ladies and gentlemen, welcome to the Supreme Court’s brand-new Takings Game.4 May the factors be ever in your favor.5 Regulatory takings claims are governed by the Fifth Amendment’s Taking Clause, which states that “[n]o person shall be . . . deprived of life, liberty, or property, without due process of law.”6 Murr presented the Court with the challenge of determining whether a regulatory taking occurred when the boundaries of the relevant parcel were still in dispute.7