The Takings Clause and the Graham Rule.

The article discusses the application of the takings clause of the federal constitution to land use regulations, focusing on two significant US Supreme Court cases: Penn Central Transportation Company v. City of New York and Lucas v. South Carolina Coastal Council. The Penn Central case established factors for determining when a regulation constitutes a taking, while the Lucas case introduced a categorical bright-line rule for takings. The article also explores the Graham rule, which allows landowners to bring alternative constitutional claims if they doubt success under the takings clause. The Graham rule is based on the Supreme Court case Graham v. Connor, which preempts substantive due process claims if they could have been brought under a more specific constitutional clause. [Extracted from the article]