Note:
Neal S. Manne, Reexamining the Supreme Court’s View of the Taking Clause, 58 Texas L. Rev. 1447 (1980).
 

Abstract:
This Note argues that “the constitutional problems presented by the taking clause, although difficult, do not deserve their present mystique.” It argues that the Supreme Court has adopted and restated principles regarding takings that it has never applied. It further contends that commentators have failed to distinguish between state and federal decisions and have attempted to rationalize and harmonize results from all courts. Finally, the Note argues that the Court should not depart from its de facto guidelines.