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by cyanmagenta 182 days ago
> water rights per acre

Is that actually taken into account in a taking? I haven’t thought about this stuff in decades, and I know there is some weirdness with regulatory takings.

Another way to frame the question: if the government just changes the water rights per acre, does that itself trigger the takings clause?

1 comments

It depends on the type of water right (there are many kinds). The State has the ability to effectively recall some water rights. True titled rights would be a taking.