Palazzolo v. Rhode Island: Recent Developments in Eminent Domain

  • April 21, 2002
  • • Written by: Lara Womack

Spring 2002, Vol 27, No 1

Abstract: Palazzolo v. Rhode Island is a case where the landowner alleged that regulations had denied him the use of his property and interfered with his investment-back expectations. Ultimately reaching the U.S. Supreme Court for opinion, the majority’s one clear holding is that pre-acquisition notice of land-use regulations does not bar a purchaser’s inverse condemnation lawsuit. However, this case leaves unanswered, or at least unclear, more questions than it clarifies and it is certain that there will be more inverse condemnation litigation after Palazzolo. By removing the pre-acquisition bar and lowering the standard for establishing that a claim is ripe, the Court has insured that it will have the opportunity to address the issues the author identifies herein, as well as others in the eminent domain area.