regulatory taking

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.