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59 U. Colo. L. Rev. 427 (1988)
Legal Discourse, Social Vision and the Supreme Court's Land Use Planning Law: The Genealogy of the Lochnerian Recurrence in First English Lutheran Church and Nollan

handle is hein.journals/ucollr59 and id is 439 raw text is: LEGAL DISCOURSE, SOCIAL VISION AND THE SUPREME COURT'S LAND USE PLANNING LAW: THE GENEALOGY OF THE LOCHNERIAN RECURRENCE IN FIRST ENGLISH LUTHERAN CHURCH AND NOLLAN ROBERT A. WILLIAMS, JR.* Whatever their differences, at the core all theories of natural rights reject the idea that private property and personal liberty are solely creations of the state, which itself is only other people given ex- traordinary powers . . . trespass is not wrong because the state prohibits it; it is wrong because individuals own private property.' Richard A. Epstein There is no absolute property, i.e., property that is freed from tak- ing into consideration the interest of the community, and history has taken care to inculcate this truth into all people.2 Rudolph von Jhering INTRODUCTION Land use planning law, as found in the texts of some twenty-odd United States Supreme Court opinions,' is marked by competing legal * Professor of Law, The University of Arizona. A.B., 1977, Loyola College; J.D., 1980, Harvard University. 1. R. EPSTEIN, TAKINGS 5-6 (1987). 2. Cribbet, Concepts in Transition: The Search for a New Definition of Property, 1986 U. ILL. L. REV. 1, 41 (quoting R. VON JHERING, DER GEIST DES ROMISCHEN RECHTS AUF DEN VER- SCHIEDENEN STUFEN SEINER ENTWICKLUNG 7 (4th ed. 1878)). . 3. Norman Williams, the dean of American land use planning law, in an upcoming article co- authored with Holly Ernst, has set out the following list of the principal and other land use cases decided by the United States Supreme Court: THE PRINCIPAL LAND USE/TAKING CASES: Hadacheck v. Sebastian, 239 U.S. 394 (1915) Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922) Village of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926) Nectow v. City of Cambridge, 277 U.S. 183 (1928) Goldblatt v. Town of Hempstead, 369 U.S. 590 (1962) Village of Belle Terre v. Borass, 416 U.S. 1 (1974) City of New Orleans v. Dukes, 427 U.S. 297 (1976) Penn Central Transportation Co. v. New York, 438 U.S. 104 (1978) Lake County Estates, Inc. v. Tahoe Regional Planning Agency, 440 U.S. 391 (1979) Agins v. City of Tiburon, 447 U.S. 255 (1980)

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