Still an Issue: The Taking Issue at 40

By   /   October 21, 2014 


30 Touro Law Review 245

Still an Issue: The Taking Issue at 40

Patricia E. Salkin


In 1973, the Council on Environmental Quality published a seminal report by Fred Bosselman, David Callies and John Banta: “The Taking Issue: A Study of the Constitutional Limits of Governmental Authority to Regulate the Use of Privately-Owned Land Without Paying Compensation to the Owners.”  This is one of the three seminal reports issued in the 1970s that have continued to influence the practice of land use regulation today.  In October 2013, with the launch of Touro Law Center’s new Institute on Land Use and Sustainable Development Law, the Touro Law Review held a symposium to commemorate the 40th anniversary of The Taking Issue.  We are indebted to Professor David Callies, who had the idea and vision for this important symposium.  A highlight of the event was to be the presence of all three co-authors of the report.  Sadly, weeks before the event, Fred Bosselman succumbed to cancer.  The land use and environmental law community is indebted to the Touro Law Review for dedicating this issue to the legacy of Professor Fred Bosselman.  Fitting tributes by Professor David Callies, Edward J. Sullivan and Nancy Stroud are included in this issue, and they add to the published tributes by Chicago-Kent School of Law Dean Harold J. Krent, and while Fred was with us, by Professor Dan Tarlock, Professor David Callies, and Professor Daniel Mandelker.





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