Cite as: 526 U. S. 687 (1999)
Opinion of Souter, J.
IV
Were the results of the analysis to this point uncertain, one final anomaly of the Court's position would point up its error. The inconsistency of recognizing a jury trial right in inverse condemnation, notwithstanding its absence in condemnation actions, appears the more pronounced on recalling that under Agins one theory of recovery in inverse condemnation cases is that the taking makes no substantial contribution to a legitimate governmental purpose.11 This issue includes not only a legal component that may be difficult to resolve, but one so closely related to similar issues in substantive due process property claims, that this Court cited a substantive due process case when recognizing the theory under the rubric of inverse condemnation. See Agins, 447 U. S., at 260 (citing Nectow v. Cambridge, 277 U. S. 183, 188 (1928)).12 Substantive due process claims are, of course, routinely reserved without question for the court. See, e. g., County of Sacramento v. Lewis, 523 U. S. 833, 853-855 (1998); Washington v. Glucksberg, 521 U. S. 702, 722-723 (1997); FM Properties Operating Co. v. Austin, 93 F. 3d 167, 172, n. 6 (CA5 1996) (rational relationship to legitimate government interest for purposes of substantive due process a question of law for the court); Sameric Corp. v. Philadelphia, 142 F. 3d 582, 590-591 (CA3 1998) (same as to city
11 The jury's inverse condemnation verdict did not indicate which of the theories formed the basis of its liability finding: (1) whether the city's action did not substantially advance a legitimate purpose; or (2) whether the city's denial of the permit deprived the subject property of all economically viable use.
12 I offer no opinion here on whether Agins was correct in assuming that this prong of liability was properly cognizable as flowing from the Just Compensation Clause of the Fifth Amendment, as distinct from the Due Process Clauses of the Fifth and Fourteenth Amendments.
753
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