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CA6: To Be A Regulatory Taking, There Must Be A Regulation
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CA6: To Be A Regulatory Taking, There Must Be A Regulation
Yes, the U.S. Court of Appeals for the Sixth Circuit’s opinion in Banks v. Charter Twp. of Bloomfield, No. 25-1833 (Apr. 28, 2026) is unpublished, and we usually don’t cover unpublished opinions. But we put aside our usual reluctance to discuss unpublished work because the decision raises an important point: are the rules in “regulatory” takings only applicable when the government has adopted a regulation?After their land flooded due to broken p…
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