Regulatory Taking
/ˈrɛɡjʊlətɔːri ˈteɪkɪŋ/
Definitions
- (n.) A government action that limits the use of private property so severely that it effectively deprives the owner of its economically reasonable use, potentially requiring compensation under the Takings Clause.
The court ruled that the new zoning law constituted a regulatory taking requiring just compensation.
Forms
- regulatory takings
Related terms
See also
Commentary
Regulatory taking is distinct from physical taking; it involves a regulatory restriction rather than physical appropriation, and whether compensation is due depends on factors such as economic impact and investment-backed expectations.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.