Regulatory takings are like car accidents. They fascinate us. We cannot help slowing down to look. What a disaster, we say to ourselves. We are so glad it did not happen to us. But we wonder if we could be next, We think about who is at fault, who should pay for the damages, and how it all could have been avoided in the first place And we question how the rules of the road could be improved so that such collisions in the future could be averted.
Michael C. LeVine,
How Permanent Became Temporary in Del Monte Dunes,
49 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol49/iss3/3