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Regulatory Taking Analysis
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Regulatory Taking Analysis
Per Se Rules
Rules of Reason/Multifactor Test
Per Se Rules
If none of per se rules apply, then look at multifactor test.
Ask
: Physical occupation permanent or temporary?
Perm = Taking
Temp = Multifactor Balancing Test
Nuisance Abatement
- Nuisance Control - Not a taking
- If wasn't nuisance before, but now is doesn't escape liability
Complete Wipeout
- Complete wipeout of value depriving land of beneficial use
- Land Use Regs prohibiting all economic use are takings unless common law nuisance
Multifactor Test
Percentage of Diminution in Land Value:
- 0-94% not taking
-94-99% may or may not be taking
Investment Backed Expectations
- Extent to which regulation interferes with reasonable investment-backed expectations
- Looks at what efforts have been made and documentation to see what expectations of use were
Character of Government Regulation
- Temporary or permanent?
- Permanent = taking
- Temporary does not = 100% wipeout so not a taking
Author
Anonymous
ID
29676
Card Set
Regulatory Taking Analysis
Description
Regulatory Taking Analysis
Updated
2010-08-12T04:12:57Z
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