When he sought permission to cover the submerged portions with fill dirt so homes could be built on the land, however, his request was denied. State regulators said the salt marsh was too important, ecologically, to be destroyed for private purposes. The ruling wasn't controversial.
Government clearly has authority to take private land to protect the environment.
But the Fifth Amendment requires that the owner be compensated. The state refused to pay, however. Since the filling of wetlands was limited by law at the time Palazzolo bought the property, officials said, he had no legitimate claim for damages. The courts agreed, throwing out his lawsuits. In other words, he knew or should have known when he bought the land that it might be off limits to development.