Abstract

This article examines two Federal Circuit decisions handed down in the wake of the Supreme Court's rulings in Lucas v. South Carolina Coastal Comm'n and Dolan v. City of Tigard, in which the Federal Circuit indicated it would impose much more exacting scrutiny on federal regulations than the Supreme Court. In one case, Florida Rock Industries v. U.S., the Federal Circuit approved a just compensation for a partial taking of property. In the other, Loveladies Harbor, Inc. v. U.S., the court ruled that the relevant parcel was only the wetlands burdened by the regulation, not the entire original tract owned and developed by the claimant.