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Avoiding and Responding to Takings Challenges: <br /> <br /> an Action Guide for Planners <br /> <br />by <br /> <br />Eric Damian Kelly <br /> <br />Ann Louise Strong <br /> <br />Daniel R. Mandelker <br /> <br />The best protection against takings challenges is (1) a sound, up to date plan that establishes the links <br />between proposed land use restrictions and public policy goals, (2) implemented by regulations that carry <br />out the plan with the least feasible impediment to private land use, both (3) set in a procedural framework <br />that assures prompt, open decision making. <br /> <br />This article provides an action guide for planners to use in implementing these concepts and in responding <br />to legislative interest in the takings issue. The lead paragraph in each section of this article is an abstract of <br />a full section in a longer paper, which has been provided to chapter presidents,a <br /> <br />Topic: Property Rights--Freedom and Its Externalities <br /> <br />Property exists in the context of a larger society, a society that includes many citizens, and many other <br />pieces of property. Federal, state and local governments have long regulated the use and development of <br />land for the protection of the larger society, including the owners and occupants of neighboring land. Thus, <br />the notion of regulation of property is fundamental to the concept of private property and is one elemem of <br />the same social contract that creates the notion of private ownership of land. <br /> <br />Action Checklist <br /> <br />~/ Educate your community and its leaders on the responsibilities that go with property rights. <br /> <br />] This is a brief summary of an article and a paper prepared by APA's Properly Rights Task Force of Eric Damian <br />Kelly, Daniel R. Mandelker, and Ann Louise Strong. The paper, entitled "Good Planning, Consistent Regulation, <br />and Fair Decision-Making: A Prescription For Avoiding T 'akings Challenges," has been provided to chapter <br />presidents and is available from the Washington office of APA. The article will appear in the Winter 1996 issue of <br />Journal of the American Planning Association, under the title "The Longer View: Property Rights and Takings." <br /> <br /> <br />