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Real Estate Law

It’s not that easy to rewrite history: Denial of a Variance in the Watershed will fall under traditional Federal Takings Analysis


Topics: Takings; Watershed; Variance


With some creative arguments by the plaintiffs in Blair v. Mass. Dep’t of Conservation and Recreation, 21 Mass.L.Rptr. 603 (Oct. 31, 2006), the Blair’s sought to change Federal Takings analysis to include a taking under Art. 10 of the Mass. Constitution when only a portion of their land has no economically beneficial use because they could not obtain a variance for work on a portion of their land which falls in the state watershed.


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From Meltzer BLawG Offices posted 2007-03-14.

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