Private Property Owners Given Greater Rights

1994

In Dolan v. City of Tigard, the U.S. Supreme Court rules that an Oregon town’s requirement that private property owners dedicate part of any new development on their land to a public bike and pedestrian path and a public “greenway” to help minimize flooding to be a “taking” of private property by the government without compensation. The Court rules that the regulation unconstitutionally takes away property owners’ right to exclude the public from their land, an essential part of property ownership.