regulatory taking


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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.

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74) Instead the court committed to an ill-fitting and ultimately incoherent analysis when it attempted to characterize the Secretary's demand as a regulatory taking.
The company is asking the court to rule that it has suffered "inverse condemnation or regulatory taking," and that the city breached its leasing agreements and "committed fraud and/or negligent representation.
1992) (holding that such a restriction would effect a regulatory taking and therefore was invalid).
The plaintiff] has failed to establish that the CUP (conditional use permit) has any significant effect on his land, much less that it regulates its use in a manner that 'goes too far' and, therefore, amounts to a regulatory taking," the panel wrote.
These, reading from left to right, are: 1) it will be found to be an impermissible act, outside the realm of legitimate government activity; 2) it will be an ordinary exercise of the police power that is not compensable; or 3) it will be found to be a regulatory taking for which just compensation must be paid.
could abandon any regulation held to effect a regulatory taking without
A regulatory taking exists only when a regulation deprives an owner of all reasonable uses of his or her property.
Ninth Circuit Court of Appeals reversed the trial court, holding that Goleta's rent control law did indeed amount to a regulatory taking.
As a result, the court initially ruled that Georgia's law was "unconstitutional because it permitted the regulatory taking of appellant's property without just and adequate compensation.
Tahoe Regional regulatory taking taking if it is Planning Agency, 122 S.
Radford, Of Course a Land Use Regulation That Fails to Substantially Advance Legitimate State Interests Results in a Regulatory Taking, 15 FORDHAM ENVTL.