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 Confused with
Related terms
Frequently asked questions
What is the ripeness requirement?
Why do Penn Central claims rarely succeed?





