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Climate Adaptation and the Fifth Amendment of the U.S. Constitution: A Regulatory Takings Analysis of Adaptation Strategies in Coastal Development with Application to Connecticut’s Coastal Management Regime

Chad J. McGuire, University of Massachusetts, Dartmouth
Jason Hill, University of Massachusetts - Dartmouth

Abstract

As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role of “regulator” as a means of mitigating regulatory takings challenges. The analysis presented is then applied generally to Connecticut’s coastal management regime.

Suggested Citation

Chad J. McGuire and Jason Hill. "Climate Adaptation and the Fifth Amendment of the U.S. Constitution: A Regulatory Takings Analysis of Adaptation Strategies in Coastal Development with Application to Connecticut’s Coastal Management Regime" Sea Grant Law and Policy Journal 5.1 (2012): 140-168.
Available at: http://works.bepress.com/chad_mcguire/33