We often discuss eminent domain and inverse condemnation actions on this blog, but there is another way the government might take private party. Regularly taking is distinct from these other actions, but ultimately, it has the same results as an eminent domain action.
Regulatory taking refers to the process in which a government regulation places extensive limits on the use of private property. When the regulation is such that it results in loss of economic use of the land and/or makes private property public property, then a property owner may have grounds to file a legal claim seeking compensation.
Often, regulatory taking cases can arise when the government passes or enforces laws regarding zoning, environmental conservation or scenic preservation. Regulations might restrict building near coastlines or restrict an owner from building a commercial entity on residential property.
These actions might restrict a person’s use of his or her property and result in a taking that may or may not warrant compensation.
Regulatory takings cases are very complicated, and individual property owners generally do not know what rights they have and whether the government must compensate them from the taking of property. Disputes can arise regarding property ownership, the taking of the property and whether the taking should result in payment of just compensation.
Any situation involving the taking of private property for public use has the potential to be incredibly complex. And considering the fact that the federal, state or local government is on the other side of the issue, individual property owners typically find it extremely frustrating and intimidating to get the answers they deserve.
If you are a private property owner with questions about governmental taking of your property, then it can be wise to consult an attorney experienced in this specific area of law. With legal guidance and support, you can fight for a fair outcome.