Replies to post #13990 on Fannie Mae Preferred S (FNMAS)

[44centsAKAchoccake]

Here is a writeup on three SCOTUS cases from last year on regulatory takings cases (basically, eminent domain cases I think).

http://www.pierceatwood.com/39928

I like the point that "this is the takeaway from the decision - there may be more room now to complain about a condition imposed by a permitting body than before, if the condition is sufficiently draconian that it smacks of extortion instead of regulation."

I realize that our cases are "unique" in some ways, but I would think that SCOTUS would see that the 3rd Amendment smacks of extortion rather than reasonable regulation."

But, I want to do more research on the regulatory takings stuff and maybe work on a paper or oped. It's ok to be "optimistic" if you have a solid basis for being so, but I'd also like to maintain a "pessimistic cushion" so my hopes aren't dashed at some point down the road.