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use regulators.
“I’m fairly sure that some nogrowth/limited growth/preservation forces will call Lucas a defeat for the property rights movement because the (court) had a chance to find a taking and chose not to do so. However, I think that Lucas clearly is a landowners’ victory.
“The real upshot of Lucas is that local governments will need to think and scrutinize their proposed regulations more pre-enactment and consider if the proposed regulations could deprive an affected landowner of‘all economically viable use.’”
Minchew said that downzonings such as the controversial one along the Route 28 Corridor in Fairfax County two years ago would probably be unaffected by the decision since they limited but did not curtail the development rights of landowners. But he said that the ruling
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