Introduction

Part IV of this Article considers several possible justifications for this rule of incomplete compensation for takings, namely, loss spreading, maintaining efficient incentives for property owners, and providing subsidies for public goods. It also considers briefly whether these justifications carry over into the international regulatory takings context. Before doing so, however, this Article will briefly review what international law and NAFTA tell us about the measure of just compensation, and the basic tenets of American constitutional law on the subject. These are the ...