Regulatory Taking

The Oxford Companion to the Supreme Court of the United States | 2005 | 607 words | Copyright

Regulatory Taking A regulatory taking occurs when land use restrictions substantially interfere with an owner's beneficial enjoyment of property even though the owner's title is undisturbed. Such a regulation constitutes a taking of property requiring the payment of just compensation under the Takings Clause of the Fifth Amendment. Although the doctrine of a regulatory taking was recognized by the Supreme Court in Pennsylvania Coal Co. v. Mahon (1922), the justices have found it difficult to distinguish between appropriate land use controls and regulations that effect a taking.

James W. Ely, Jr.

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KERMIT L. HALL. "Regulatory Taking." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. 28 May. 2012 <http://www.encyclopedia.com>.

KERMIT L. HALL. "Regulatory Taking." The Oxford Companion to the Supreme Court of the United States. 2005. Encyclopedia.com. (May 28, 2012). http://www.encyclopedia.com/doc/1O184-RegulatoryTaking.html

KERMIT L. HALL. "Regulatory Taking." The Oxford Companion to the Supreme Court of the United States. 2005. Retrieved May 28, 2012 from Encyclopedia.com: http://www.encyclopedia.com/doc/1O184-RegulatoryTaking.html

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