Publications & Articles
Both the United States and California Constitutions prohibit the taking of private property for public use without payment of just compensation to the property owner. the courts have identified two primary types of takings that require two different analyses: (1) a per se taking that occurs when there is a permanent physical taking of, occupation of, or damage to real property, and, (2) a regulatory taking that occurs when a statute or regulation deprives a property owner of substantially all economically viable use of his or her property. It is this second type of taking that has generated the bulk of the case law in this area, and the case law is anything but clear or consistent. Nevertheless, certain threads and trends are emerging that provide a framework for analyzing a regulatory takings problem.