noncategorical taking

noncategorical taking

In an inverse condemnation case, a property owner complains that government regulations have rendered his or her property worthless,thus amounting to condemnation under eminent domain powers and therefore entitling the owner to compensation.There are two approaches to analyzing the taking—a categorical taking or a noncategorical taking.The noncategorical taking standard starts by finding the property has not been rendered economically useless. That being said, the courts must engage in complex analyses and balancing of interests across a wide variety of factors, including the extent to which the regulation interferes with reasonable investment-backed expectations of the property owner. See also categorical taking.

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