Palm Beach Isles Associates v. United States’s Empirical Analysis
231 F.3d 1354 · 2000
Citation profile
18 federal appellate · 9 state decisions
How this case has been cited
Cited by 54 later decisions — most recently December 2020 · most notably American Pelagic Fishing Co. v. United States (2004), Conti v. United States (2002)
18 federal appellate · 9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Penn Central Transportation Co. v. New York City · Pennsylvania Coal Co. v. Mahon · Lucas v. South Carolina Coastal Council · San Diego Gas & Electric Co. v. City of San Diego · Creppel v. United States
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A "categorical" taking is, by accepted convention, one in which all economically viable use, i.e., all economic value, has been taken by the regulatory imposition. Such a taking is distinct from a taking that is the consequence of a regulatory imposition that prohibits or restricts only some of the uses that would otherwise be available to the properly owner, but leaves the owner with substantial viable economic use.”
4 later decisions quote this exact passage · from the majority“when a regulatory taking, properly determined to be “categorical,” is found to have occurred, the property owner is entitled to a recovery without regard to consideration of investment-backed expectations. In such a case, “reasonable investment-backed expectations” are not a proper part of the analysis, just as they are not in physical takings cases.... The right to recovery is of course subject to the government’s defenses under the general rubric of nuisance enunciated in Lucas ....”
2 later decisions quote this exact passage · from the majority“As we noted at the beginning of this Order, we have no doubt that the relevant parcel for analysis is not the entire 311-acre parcel first purchased in 1956, but a subset of that parcel. The subset we defined in the original opinion — the 50.7 acres — consists of 49.3 acres of submerged lands, and 1.4 acres of adjacent uplands, described as wetlands. We concluded in the original opinion that, based on the trial court’s findings, these two tracts should be treated together. However, the wetlands are essentially upland property, and are not subject to the Government’s defenses under the navigational servitude. Accordingly, the 1.4 acres should be analyzed separately. In her summary judgment order, the trial court concluded that there had not been a taking of the 1.4 acres on three grounds. First, the court determined that the relevant parcel was the entire 311 acres, and that therefore the 1.4 acres was subsumed within it. As we have held, that finding is erroneous. Second, the trial court held that PBIA [plaintiffs] knew when it bought the property that it would need permits to develop the land, and thus the existing statutory regime precluded any reasonable investment-backed expectation of being able to develop the property. And third, the court found that while the 1.4 acre section by itself is insufficient for building homes, PBIA had not established that all other uses were foreclosed. On the second point, the record suggests that PBIA may well have had investment-backed e”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.