The claim that zoning restrictions are not a taking also goes against the expert consensus among economists about the massive costs that zoning imposes on landowners.
I would like to know more about how the law views opportunity costs. For most things, such as liability, it seems to only accept costs in the normal sense of literally had to pay out of pocket X amount; for other things like worker’s comp it is a defined calculation of lost future gains, but only from pre-existing arrangements like the job a person already had. It feels like the only time I see opportunity costs is lumped in with other intangibles like pain and suffering.
I would like to know more about how the law views opportunity costs. For most things, such as liability, it seems to only accept costs in the normal sense of literally had to pay out of pocket X amount; for other things like worker’s comp it is a defined calculation of lost future gains, but only from pre-existing arrangements like the job a person already had. It feels like the only time I see opportunity costs is lumped in with other intangibles like pain and suffering.