Palazzolo v. Rhode Island

Palazzolo v. Rhode Island, 533 U.S. 606 (2001), is a United States Supreme Court case in which the Court held that a claimant does not waive his right to challenge a regulation as an uncompensated regulatory taking by purchasing property after the enactment of the regulation challenged.

In 1959, Petitioner Palazzolo and business associates, operating under the name Shore Gardens, Inc. (SGI) purchased three undeveloped parcels on the Rhode Island coast.

Petitioner Palazzolo eventually became sole shareholder of SGI, and began efforts to develop the land by submitting parcelling plans to the town.

As the land required significant filling, Petitioner Palazzolo submitted applications for permits from the Division of Harbors and Rivers, which were denied.

The Court addressed whether the Rhode Island Supreme Court erred in holding that Petitioner did not have standing to claim a regulatory taking because he acquired the property after the enactment of regulations, and that Petitioner did not endure a total taking because some of the parcel remains economically usable.