Palazzolo v. Rhode Island: Clarification and More Confusion on the Notice Issue

The United States Supreme Court recently decided a takings case that many hoped would provide much needed guidance regarding takings claims brought by those who acquire property with notice of existing or impending restrictions. Until the recent case of Palazzolo v. Rhode Island the Supreme Court had hardly addressed the so-called notice issue that has frequently arisen in state and lower federal courts. In the absence of definitive direction from the Supreme Court, lower courts treated preexisting limitations in different ways, many finding notice to defeat an otherwise potentially successful claim for just compensation