Fall 2005 issue cover by Paul Hoffman; copyright Champlain Planning Press, Inc.

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Issue #60: Fall 2005

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ISSUE THEME: ON TAKINGS

Taking Aim at Takings Claims
by Dwight Merriam

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--- Takings claims can create enormous potential liability for local governments. Respected land use lawyer and planner Dwight Merriam provides an overview of basic takings principles, and addresses questions planning commissioners often have.

A Question of Balance
by C. Gregory Dale, FAICP

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--- Planner and PCJ columnist Greg Dale explores the question of how to balance community needs and individual property rights.

The Property Rights Challenge
by Irving Schiffman

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--- The growth of the property rights movement has affected local land use regulation. Attorney Irving Schiffman reviews the changing landscape of planning law, and offers guidance for planners in responding to the property rights challenge. NOTE: this is a reprint of a still timely article previously published in the Planning Comm'rs Journal.

The Supreme Court's Kelo Decision: Good News or Bad News for Downtowns?
by Kennedy Smith

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--- Can local government take private property away from its citizens and develop it for something that will generate more tax revenue? On June 23, the U.S. Supreme Court said "yes" in an eminent domain case that has set off tidal waves of anxiety, praise, anger, and confusion. PCJ columnist Kennedy Smith sorts through the Kelo ruling and its implications.

Lessons from the Oregon Experience
by Elaine Cogan

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--- Oregon voters in November 2005 approved Measure 37 -- perhaps the most drastic approach to limiting government "takings" in the nation. Long-time Oregon resident and PCJ columnist Elaine Cogan offers her insights on why voters supported this measure.

ALSO IN THIS ISSUE

Forward Motion:
No Such Thing As Free Parking
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--- PCJ columnist Hannah Twaddell discusses some of the provocative ideas in a much discussed book just out by economist Donald Shoup.