Palazzolo v. Rhode Island — O'Connor, J., Concurring

Summary

Justice O'Connor concurred, joining the Court's opinion but clarifying that the timing of regulation relative to title acquisition is a factor in Penn Central analysis but not dispositive. She emphasized balancing investment-backed expectations with regulatory backdrop to avoid per se rules. Justice Scalia concurred separately, arguing post-acquisition ownership should not affect takings claims. Justices Ginsburg and Breyer dissented, arguing the claim was unripe. Justice Stevens concurred in part and dissented in part, raising standing concerns.