Successfully Defending Your Takings Challenges: Municipal Insurance Pools

Does the Endowment Effect Influence Outcomes in Takings Cases? An Exploratory Look at Some Important Cases and Suggestions for Additional Research

“…Blumm and Ritchie (2005) cite several cases: For example, the Colorado Supreme Court found no taking in Colorado Department of Health v. The Mill (8887 P.2d Colorado, 993, 1994) when it ruled in favor of restrictions placed on contaminated land, and the Court of Federal Claims ruled in Hendler v. United States (175 F.3d 1374, 1999) that the federal government’s installation of wells to monitor groundwater contamination was not a taking. Blumm and Ritchie (2005) provide other examples of nuisances that have evolved to more than those typically allowed by common law (see also Kendall, Dowling, and Schwartz 2000). Over time, Lucas has had unintended effects as courts invoke both traditional and increasingly expansive interpretations of nuisances—as an antecedent inquiry even before the substance of a takings argument is heard—to support government actions (Blumm and Ritchie 2005; Ruhl 2007).…”