Printer Friendly
Dictionary, Encyclopedia and Thesaurus - The Free Dictionary
3,900,087,329 visitors served.
forum Join the Word of the Day Mailing List For webmasters
?
Dictionary/
thesaurus
Medical
dictionary
Legal
dictionary
Financial
dictionary
Acronyms
 
Idioms
Encyclopedia
Wikipedia
encyclopedia
?

regulatory taking

   Also found in: Wikipedia 0.01 sec.
regulatory taking

A legal theory that a particular government regulation has so adversely affected the value of real property as to amount to a condemnation of the property,for which the owner is entitled to compensation.There are two varieties: categorical and noncategorical takings. In order to establish a case of categorical taking,the Supreme Court has held that the property owner must show (1) that the land-use regulation does not substantially advance legitimate state interests, and (2) that it denies an owner all economically viable uses of his or her land.These are both heavy burdens to overcome. A noncategorical taking does not require elimination of all economically viable uses of property, but does require a case-by-case analysis of the regulation regarding its character and nature, the severity of its economic impact, and the degree of interference with the property owner's reasonable investment-backed expectations.



Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit the webmaster's page for free fun content.
?Page tools
Printer friendly
Cite / link
Feedback
Add definition
Mentioned in?  References in periodicals archive?   Financial browser?   Full browser?
 
Instead, Kennedy chose a solomonic approach, focusing his decisions on elements of the case that did not reach the issue of a regulatory taking.
The issue of whether the ordinance in question constituted a regulatory taking was not argued, and the court even said that if the ordinance constituted any type of taking, then it was an exaction as described in Nollan and Dolan.
The state supreme court noted that while this argument would be successful if Queensgate had alleged a regulatory taking, it was not applicable in this ease.
 
 
 
Financial Dictionary
?

Terms of Use | Privacy policy | Feedback | Advertise with Us | Copyright © 2012 Farlex, Inc.
Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.