In Episode 76 of the Eminent Domain Podcast, host Clint Schumacher is joined by Professor Lee Fennell, the Max Pam Professor of Law at the University of Chicago Law School. The episode covers an article Fennell recently wrote for an upcoming publication of the Duke Journal of Constitutional Law and Public Policy.
The article, entitled “Escape Room: Implicit Takings After Cedar Point Nursery,” gives a creative and detailed analysis of the Supreme Court’s Cedar Point opinion. This includes a dissection of the many exceptions the Court has enumerated to the newly expanded definition of a per se physical taking. They also discuss the potential practical consequences of this ruling for various intrusions of government onto and burdens upon private property.