Abstract
Recent United States Supreme Court decisions have increased the availability of 42 U.S.C. § 1983 in actions challenging'the land use planning decisions of state and local governments. It is not clear, however, what effect those decisions will have on land use litigation. It is probable that plaintiffs alleging unconstitutional takings through land use regulations will be entitled to a more complete damages recovery than would otherwise be available in inverse condemnation actions because precedents under section 1983 allow the recovery of consequential damages, and federal statutory law authorizes an award of attorney's fees in appropriate cases. Thus, the measure of damages in a taking case may be the extent of actual damages, including lost profits, rather than merely the value of the property interest taken. Section 1983 also may afford a remedy to property owners who allege that land use regulations denied them substantive or procedural due process or equal protection of the laws. Finally, the Supreme Court has held that section 1983 is available to remedy deprivations of rights created by federal statutes, as well as rights that have their source in the Constitution.
Recommended Citation
Thompson, Karen Sutton
(1982)
"The Availability of 42 U.S.C. § 1983 in Challenges
of Land Use Planning Regulations: A Developer's
Dream Come True?,"
Utah Law Review: Vol. 1982:
No.
3, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol1982/iss3/6