Fall 1999, Vol 24, No 3

Abstract: Who sets the limitation on property development and how far can the limits go? Inherent in the controversy is the interest of state and local governments to exercise land use controls. Limiting the right to exercise these controls is the Constitution’s Fifth Amendment which prohibits the taking of private property without just compensation. This article will examine the Del Monte Dunes case, the most recent United States Supreme Court decision in the area of regulatory takings and the remedies of a private landowner whose property rights have been appropriated through excessive governmental control.