Regulatory Taking

Regulatory Taking

Regulatory Taking

A total deprivation of economically beneficial use is a per se taking under Lucas. Partial deprivations are analyzed under Penn Central, weighing economic impact, interference with investment-backed expectations, and the character of the action.

Ripeness requires a final decision.

Alternative Names:

Regulatory Takings Claim, Penn Central Taking

Why it Matters?

Ripeness defeats many claims before the merits, since a final decision on the permitted use is required and an owner who has not sought a variance or submitted a development proposal has not established what use remains. The Lucas total deprivation category is narrow because nearly any remaining economic use defeats it. Penn Central claims succeed rarely, with investment-backed expectations weighing heavily against owners who purchased under existing restrictions.

Frequently asked questions

What is the ripeness requirement?

What is the ripeness requirement?

A final decision on permitted use, so an owner who has not sought a variance or submitted a proposal has not ripened the claim.

Why do Penn Central claims rarely succeed?

Why do Penn Central claims rarely succeed?

Because investment-backed expectations weigh heavily against owners who purchased subject to existing restrictions.