Katie Porter: “As long as they look at the regulation to see its impact on private property, they have looked at the specific purpose…”

“As long as they look at the regulation to see its impact on private property, they have looked at the specific purpose of the agency action, an assessment of the likelihood of the taking of private property will occur under the action, alternatives to the agency action that would achieve the intended purpose and lessen the likelihood of the taking the private property. If they have done that kind of thorough analysis, then they escape the provisions of Canady-Tauzin and must pay compensation under the Constitution.”