top of page
Search

Regulatory Takings

  • Parker Johnson
  • Mar 24, 2021
  • 3 min read

Updated: Apr 30, 2021

What are regulatory takings and how can they be proved?



Regulatory takings are, in my opinion, the most difficult to recognize, understand, and fight against. They occur when a public entity adopts regulations and ordinances which extensively limit the use of a property to the extent that the property is deprived of all or some of the rights which would normally be associated with the property. A regulatory taking interferes with a property so much that even though the government has not officially taken possession of the property, it is still practically taken from the owner by the public entity. In the case of a regulatory taking, compensation is required, as with all takings (State of Utah Office of the Property Rights Ombudsman, Takings, n.d.).

Generally, in order to show that a regulatory taking has occurred and to seek compensation for a regulatory taking, a property owner must prove that either the property has been deprived of all or most economic value as a direct result of government regulation, or the property owner must prove that the government regulation has significantly interfered with the interests of investors without advancing a genuine government interest in a significant way (State of Utah Office of the Property Rights Ombudsman, Takings, n.d.). In the case of Cornish Town v. Koller, the court determined that even things like zoning laws can constitute a regulatory taking if all economic value of the property is lost as a result of the zoning laws (Cornish Town v. Koller, 1991).


Notes:

1. This article is part of a greater analysis, that analysis can be found in it's entirety here.

2. Disclaimer: Disclaimer: The author of this article is NOT an attorney. The information provided in this document is provided for educational purposes only and is NOT considered legal advice.


References

B.A.M. Development, LLC v. Salt Lake County (“BAM III”), 2012 UT 26, 282 P.3d 41. http://www.utcourts.gov/opinions/supopin/BAM1226050412.pdf


Cornish Town v. Koller, 817 P.2d 305 (Utah 1991). https://utahpropertyrights.files.wordpress.com/2014/02/cornish.pdf


Dolan v. City of Tigard, 512 U.S. 374 (1994). https://utahpropertyrights.files.wordpress.com/2012/12/dolannew13.pdf


First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (1987). https://utahpropertyrights.files.wordpress.com/2012/12/first-englishnew13.pdf


Johnson, D. R. J. (2007). Reflections on the Bundle of Rights. Vermont Law Review. https://lawreview.vermontlaw.edu/wp-content/uploads/2012/02/johnson2.pdf


Madison, J. M. (1792, March 27). For the National Gazette, 27 March 1792. Founders Online. https://founders.archives.gov/documents/Madison/01-14-02-0238


Municipal Land Use, Development, and Management Act, Utah Municipal Code § 10-9a (2005). https://le.utah.gov/xcode/Title10/Chapter9A/C10-9a_1800010118000101.pdf


Nollan v. California Coastal Commission, 483 U.S. 825, 107 S.Ct. 3141 (1987). https://utahpropertyrights.files.wordpress.com/2012/12/nollannew13.pdf


Pilon, R. P. (n.d.). Cato Handbook for Policymakers: 16. Property Rights and the Constitution. Cato Institute. Retrieved April 13, 2021, from https://www.cato.org/sites/cato.org/files/serials/files/cato-handbook-policymakers/2017/2/cato-handbook-for-policymakers-8th-edition-16_0.pdf?queryID=undefined


State of Utah Office of the Property Rights Ombudsman. (n.d.-a). About the Ombudsman. Retrieved April 13, 2021, from https://propertyrights.utah.gov/about/


State of Utah Office of the Property Rights Ombudsman. (n.d.-b). Application Review Fees. Retrieved April 13, 2021, from https://propertyrights.utah.gov/advisory-opinion-topics-explained/p-application-review-fees-2/


State of Utah Office of the Property Rights Ombudsman. (n.d.-c). Exactions. Retrieved April 13, 2021, from https://propertyrights.utah.gov/exactions/


State of Utah Office of the Property Rights Ombudsman. (n.d.-d). Impact Fees. Retrieved April 13, 2021, from https://propertyrights.utah.gov/impact-fees/


State of Utah Office of the Property Rights Ombudsman. (n.d.-e). Just Compensation. Retrieved April 13, 2021, from https://propertyrights.utah.gov/just-compensation/



State of Utah Office of the Property Rights Ombudsman. (n.d.-g). Takings and Eminent Domain. Retrieved April 13, 2021, from https://propertyrights.utah.gov/takings-and-eminent-domain/


State of Utah Office of the Property Rights Ombudsman. (n.d.-h). Temporary Land Use Regulation (Moratorium). Retrieved April 13, 2021, from https://propertyrights.utah.gov/temporary-zoning-ordinance-i-e-moratorium/


State of Utah Office of the Property Rights Ombudsman. (n.d.-i). The Constitutional Takings Issues Act. Retrieved April 13, 2021, from https://propertyrights.utah.gov/the-constitutional-takings-issues-act/


State of Utah Office of the Property Rights Ombudsman. (n.d.-j). The Land Use, Development, and Management Act (LUDMA). Retrieved April 13, 2021, from https://propertyrights.utah.gov/the-land-use-development-and-management-act-ludma/


State of Utah Office of the Property Rights Ombudsman. (n.d.-k). The Private Property Protection Act. Retrieved April 13, 2021, from https://propertyrights.utah.gov/the-private-property-protection-act/


State of Utah Office of the Property Rights Ombudsman. (n.d.-l). Vested Rights. Retrieved April 13, 2021, from https://propertyrights.utah.gov/vested-rights/


State of Utah Office of the Property Rights Ombudsman. (2018, February). Your Guide to Just Compensation. https://site.utah.gov/propertyrights/wp-content/uploads/sites/3/2018/02/Just-Comp-2018.pdf




Utah Judicial Code, Eminent Domain § 78B-6-501 (2020). https://le.utah.gov/xcode/Title78B/Chapter6/C78B-6-S501_2020051220200512.pdf

Comments

bottom of page