The calculation of damages is of greater relevance with the recognition that damages must be paid when there are temporary takings. This article will cover the early Supreme Court precedent, then move forward to some of the issues as defined by the Federal courts. Next, the “flexible” and at other times rigorous restrictions on the compensation calculation in the State courts will be discussed. A separate portion of the article is broken out for “reserve” or “natural resource cases; temporary takings of oil and gas drilling rights or the misregulation of waste disposal rights.
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