654
Breyer, J., dissenting
is . . . uncertainty as to what additional upland there is and how many other houses can be built.").
The ambiguities in the record thus are substantial. They persist in part because their resolution was not required to address the claim Palazzolo presented below, and in part because Palazzolo failed ever to submit an accurate survey of his property. Under the circumstances, I would not step into the role of supreme topographical factfinder to resolve ambiguities in Palazzolo's favor. Instead, I would look to, and rely on, the opinion of the state court whose decision we now review. That opinion states: "There was undisputed evidence in the record that it would be possible to build at least one single-family home on the existing upland area." 746 A. 2d, at 714 (emphasis added). This Court cites nothing to warrant amendment of that finding.3
* * *
In sum, as I see this case, we still do not know "the nature and extent of permitted development" under the regulation in question, MacDonald, 477 U. S., at 351. I would therefore affirm the Rhode Island Supreme Court's judgment.
Justice Breyer, dissenting.
I agree with Justice Ginsburg that Palazzolo's takings claim is not ripe for adjudication, and I join her opinion in full. Ordinarily I would go no further. But because the Court holds the takings claim to be ripe and goes on to address some important issues of substantive takings law, I add that, given this Court's precedents, I would agree with Justice O'Connor that the simple fact that a piece of property has changed hands (for example, by inheritance) does not
3 If Palazzolo's claim were ripe and the merits properly presented, I would, at a minimum, agree with Justice O'Connor, post, at 632-636 (concurring opinion), Justice Stevens, ante, at 643 (opinion concurring in part and dissenting in part), and Justice Breyer, post this page and 655 (dissenting opinion), that transfer of title can impair a takings claim.
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