 That theory has gained acceptance in the Supreme Court case of "Keystone Bituminous Coal Ass'n v. DeBenedictis" (480 U.S. 470) but only to the extent that the prohibition of mining was partial, not total.In Murr v. Wisconsin, 137 S. Ct. 1933 (2017), the Court held that denominator is best assessed through a multi-factor balancing test that includes such factors as “the treatment of the land, in particular how it is bounded or divided, under state and local law,” the “physical characteristics of the landowner’s property,” “the value of the property under the challenged regulation.”

The development of regulatory takings jurisprudence is notable for the contribution made by public interest advocates from both the conservationist and property rights advocacy camps.One of the more prominent advocates on behalf of property rights has been the Pacific Legal Foundation, which represented the landowners in Nollan v. California Coastal Commission, Suitum v. Tahoe Regional Planning Authority, Palazzolo v. Rhode Island, Koontz v. St. Johns Water Management District, and Murr v. Wisconsin.