The following story regarding the decision is from The Wall Street Journal.

The Supreme Court’s Fifth Amendment Reclamation

Download the Wall Street Journal app here: WSJ.

This is the most important land use decision in the last 34 years. Minimal reimbursement for “Partial takings” have been Pitkin County’s, and most jurisdictions methodology for not adequately reimbursing land owners when they take value from property via down zoning.

Local and Colorado Courts have been blind to the actual amount of harm down zoning has done to property values, and devaluations for the most part have never been properly compensated.

The days of local governments unconstitutionally jamming down zoning down property owners throats with no compensation are over. Pitkin County’s current mission to shrink maximum home sizes from 15,000 sf to 5,750 sf will most likely be difficult for the County to afford.

Country wide down zoning has shrunk population densities forcing  the cost of housing to unreachable levels for much of our country. There are other solutions, Tokyo has no zoning and yet their free market has kept the cost of housing reachable for the same demographic distribution of citizens for over 50 years.

Please call me to discuss any of your real estate questions,

Thank you, Bob