Boston College Environmental Affairs Law Review Volume 30 | Issue 1 Article 3 1-1-2002 On History, Takings Jurisprudence, and Palazzolo: A Reply to James Burling Timothy J. Dowling Follow this and additional works at: http://lawdigitalcommons.bc.edu/ealr Part of the Jurisprudence Commons, and the Property Law and Real Estate Commons Recommended Citation Timothy J. Dowling, On History, Takings Jurisprudence, and Palazzolo: A Reply to James Burling, 30 B.C. Envtl. Aff. L. Rev. 65 (2002), http://lawdigitalcommons.bc.edu/ealr/vol30/iss1/3 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Environmental Affairs Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact
[email protected]. ON mSTORY, TAKINGS JURISPRUDENCE, AND PAlAZZOLO: A REPLY TO JAMES BURUNG TIMOTHY J. DOWLING* Abstract: The so-called property rights movement has hailed Palazzolo v. Rhode Island as a landmark win for landowners, a blockbuster breakthrough that will end "smart growth," curtail other land use controls, and lead to manifold victories for claimants under the Takings Clause of the Fifth Amendment. James Burling's piece on Palazzolo is more of the same, proclaiming the ruling to be a decisive win in an age old, ideological battle. This Article shows that Burling's take on the ruling is wishful thinking. He errs in his description of history, takings jurisprudence, and Palazzolo. Palazzolo is but a small, incremental development in the case law from which both takings claimants and defendants may draw support.