Explore the legal terms and concepts related to Takings. Click on any term below to learn more about its definition and applications.
What is a regulatory taking?
Government regulation constitutes a taking if it leaves no reasonable economically viable use of the...
When is property considered to have been taken for public use?
Property is taken for public use so long as the government acts out of a reasonable belief the takin...
When is a temporary denial of use a taking?
Where the government temporarily denies an owner of the use of property, it is not taking so long as...
Can a property owner challenge pre-existing regulations?
Yes. A property owner may bring a takings challenge to regulations that existed at the time they acq...
When are government conditions on development a taking?
Government conditions on the development of property must be justified by a benefit that is roughly...
What is a possessory taking?
Government confiscation or physical occupation of property constitutes a possessory taking, except i...
How is just compensation measured?
Just compensation is measured in relation to the loss of the owner in reasonable market value terms.
May the federal government take private property?
The federal government may take private property for public use if it provides just compensation.
