Legal commentary

Excerpt

The U.S. Supreme Court has recently agreed to hear an appeal from the Oregon Supreme Court in the case of IMan v. City of Tigard, 854 P.2d (437 (Or. 1993). IMan has important implications for mil and water conservation and other land-use and natural resource regulations on agricultural lands. This article gives a brief background to the law, the facts, and the issues in this case and points out some possible implications, depending on the outcome.

Regulatory taking

The Dolans are claiming what is known as regulatory taking. The fifth amendment to tlie U.S. constitution requires that the government pay “just compensation” when private property is taken for public use. This refers t o situations where the government exercises its power of eminent domain to take title to or permanently occupcy what eminent domain to take title to or permanently occupy what had previously been private property. The government can regulate land under its police powers in order to protect the public health, safety, and welfare. Regulations restrict the rights of property owners and …