Regulatory Takings Issues: The Case of Grass Field-Burning Restrictions In Eastern Washington State

Abstract

This chapter develops a framework for evaluating the constitutional feasibility and social efficiency of regulations that employ flexible incentives. A preliminary framework summarizes the principles that the U.S. Supreme Court applies to decide whether a regulation satisfies the constitutional protections of private property. The Court’s approach is assessed for its ability to promote socially efficient regulation and resource use. A modified decision framework is developed to better promote these objectives, which are applied to determine the constitutionality and economic efficiency of grass field-burning restrictions in eastern Washington State.