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Retail Property Values and Land Use Regulation: Judicial Approaches to Measuring Diminution of Value and Strategies to Redress Loss of Property Value

By Brian W. Blaesser
November 01, 2005

Part One of this article discussed the Penn Central multifactor takings test. The conclusion addresses the “whole parcel” rule announced in Penn Central as well as the two-part takings test established by Agins v. City of Tiburon, 447 U.S. 255 (1980) and suggests strategies to redress loss of property values due to regulations.

The Whole Parcel Rule

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