It would still get tied up in litigation. The “takings” doctrine that requires compensation is based on the fifth amendment: “ nor shall private property be taken for public use, without just compensation."
I believe regulatory changes similar to what you propose have been ruled takings in the past. That doesn’t necessarily mean that the state would lose, but this supreme court doesn’t seem particularly amenable.
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It would still get tied up in litigation. The “takings” doctrine that requires compensation is based on the fifth amendment: “ nor shall private property be taken for public use, without just compensation."
I believe regulatory changes similar to what you propose have been ruled takings in the past. That doesn’t necessarily mean that the state would lose, but this supreme court doesn’t seem particularly amenable.