categorical taking

categorical taking

A government regulation that deprives a property owner of all economically beneficial use of his or her property, and, as a result, constitutes a regulatory taking such as would justify requiring the government to pay the property owner for the loss.
References in periodicals archive ?
If the categorical taking announced in Lucas was held to include temporary regulatory actions, the cost of land use regulation to local governments would likely skyrocket.
Tahoe-Sierra Preservation Council: The Supreme Court Refuses to Recognize a New Categorical Taking and Perhaps Signals a Shift
The court said government action that deprives property owners of all productive use of their property or physically invades property boundaries is often determined to be a per se or categorical taking.
The first is a categorical taking, where the owner is deprived of all "beneficial or productive use of the land.
67) Of particular interest, the court found that this was not a "Lucas" categorical taking because, by definition, land subject to a moratorium can potentially be used in the future, after the moratorium is lifted.
A "total," categorical taking where a regulation deprives a property owner of all economically beneficial uses of property, such as requiring a parcel to be set aside in its entirety as open space; 3.
Co v New York City, 438 US 104, 57 L Ed 2d 631, 98 S Ct 2646 (1978), does not constitute a categorical taking.
122) The Ninth Circuit noted that because the regulation was only temporary in nature, the moratoria only partially affected the petitioner's property interest, and thus did not meet the "total" deprivation of value required to constitute a categorical taking under Lucas.
The per se analysis, on the other hand, assumes that for certain types of property interests, governmental acquisition amounts to a categorical taking under any circumstance.
Accordingly, where regulation does not effect a categorical taking, the courts should defer to the legislative judgment that regulation effects an average reciprocity of advantage.
Under the standard approach, categorical takings tests, under which plaintiffs have a relatively high likelihood of prevailing, apply to physical invasions and direct appropriations of property and to complete wipeouts of value, even if those wipeouts were caused solely by regulatory constraints.
Chapters cover such topics as regulatory takings, defending against regulatory takings challenges, exceptions, common law principles, partial takings, property rights, categorical takings, impact fees, the use/value debate, the finality requirement, protecting property from unjust deprivations, and alternatives to takings.