632
O'Connor, J., concurring
parcel serves as the basis for his takings claim, and, so framed, the total deprivation argument fails.
* * *
For the reasons we have discussed, the State Supreme Court erred in finding petitioner's claims were unripe and in ruling that acquisition of title after the effective date of the regulations barred the takings claims. The court did not err in finding that petitioner failed to establish a deprivation of all economic value, for it is undisputed that the parcel retains significant worth for construction of a residence. The claims under the Penn Central analysis were not examined, and for this purpose the case should be remanded.
The judgment of the Rhode Island Supreme Court is affirmed in part and reversed in part, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
Justice O'Connor, concurring.
I join the opinion of the Court but with my understanding of how the issues discussed in Part II-B of the opinion must be considered on remand.
Part II-B of the Court's opinion addresses the circumstance, present in this case, where a takings claimant has acquired title to the regulated property after the enactment of the regulation at issue. As the Court holds, the Rhode Island Supreme Court erred in effectively adopting the sweeping rule that the preacquisition enactment of the use restriction ipso facto defeats any takings claim based on that use restriction. Accordingly, the Court holds that petition-er's claim under Penn Central Transp. Co. v. New York City, 438 U. S. 104 (1978), "is not barred by the mere fact that title was acquired after the effective date of the state-imposed restriction." Ante, at 630.
The more difficult question is what role the temporal relationship between regulatory enactment and title acquisition
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