T. Feitshans 1
Recent Supreme Court and other cases are analyzed to determine the limitations placed on federal wetland regulation by the Takings Clause of the Fifth Amendment to the U.S. Constitution. Compensable takings include physical invasions of property and regulatory takings, which have the same effect, because they deprive an owner of the beneficial use of the property. Takings may be partial or complete. Courts have universally held that mere regulatory delays, even if onerous, are not takings. Recent legislative proposals to compensate landowners for the impact of regulation go well beyond the compensation requirements of the Takings Clause. If enacted, these legislative proposals would render the cases discussed in this paper of little practical relevance.
