Regulatory Taking

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What is a Regulatory Taking?

OCA and OCA lawyers are a resource to landowners involved in regulatory taking situations. In cases where a government regulation impairs the value or usefulness of your property resulting in a taking, you may have a claim for an unlawful regulatory taking. Regulatory takings can occur when the government regulation limits the uses of private property to such a degree that the regulation effectively deprives the property owner of all economically reasonable use or value of property, even though the regulation does not formally divest the owner of title or possession. Like physical takings, regulatory takings require payment of just compensation.

When the government passes a regulation, such as a zoning ordinance or building moratorium, that deprives you of the economic use of your property, a regulatory taking may have occurred. Such government actions can have negative impacts on the value of your property and you, the property owner, may be entitled to compensation.

Regulatory takings are akin to an inverse condemnation action because they too require that the property owner file a claim or lawsuit asserting that a taking by a governmental body has occurred requiring the payment of just compensation. Property owners may also challenge a regulation or government action and seek to have the regulation invalidated as unconstitutional.

Experienced Regulatory Taking Attorneys

Owners’ Counsel lawyers have successfully represented landowners, businesses owners, developers and other property owners in regulatory taking cases nationwide. If you believe that you are facing a regulatory taking reach out to OCA or an OCA lawyer today.