Michael,
If the faculty had thought of this idea when I went
to law school, they would have taught me about deregulatory takings and
skipped over regulatory takings.
It is almost impossible to show a regulatory taking even when
the property interest in clear and a significant loss has been
experienced. This reality will apply to the “deregulatory”
argument as well, and in addition the property interest is in question.
I have to admit though–this issue is a bit more complicated than it sounds.
