US Supreme Court Smyth Vs Falmouth Conservation Commission

Falmouth Select Board To Discuss Case Monday September 9, 2019

The Fifth Amendment of the United States Constitution includes a provision known as the Takings Clause, which states that "private property [shall not] be taken for public use, without just compensation." ..

The Massachusetts case, Janice Smyth v. Conservation Commission of Falmouth, is current again.

Smyth v. Conservation Comm'n of Falmouth, No. 19-223 (Aug. 20, 2019)
August 25, 2019

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Guest Post: An Economist Looks At Takings Law - Smyth And Massachusetts' New Penn Central Factor
"To refresh your memory, Janice Smyth owns an unimproved lot in a mostly built-out subdivision on Cape Cod. She inherited the lot from her parents, who purchased it for $49,000 in 1975. She sought a permit from a local Conservation Commission’s in 2012 to build a home on the Cape Cod location. Permit denied to protect wetlands. Takings case filed."

"At trial, plaintiff’s appraiser valued the property in 2014 dollars at $700,000, if buildable, and $60,000, if unbuildable. A jury found that the wetlands protection law effected a regulatory taking of the plaintiff's property and awarded damages in the amount of $640,000. The Massachusetts appellate court threw out the jury decision on legal issues apart from this discussion, and re-evaluated the Penn Central test results."
Truncated See Link For Entire Blog By economist William Wade

https://www.inversecondemnation.com/inversecondemnation/2019/08/guest-post-an-economist-looks-at-takings-law-smyth-and-massachusetts-new-penn-central-factor.html