As government regulations become
increasingly pervasive, private property
rights are often threatened. Depending
upon the extent of the regulation,
property owners may have no
alternative but to seek compensation
for the resulting damages.
For nearly 100 years, the U.S. Supreme
Court has recognized that laws often
go too far in regulating the use of
private property, thereby violating the
Fifth Amendment's takings clause.
Since then, the Court has addressed
a number of cases that involve what
lawyers call “regulatory taking” claims.
JAMES T. BRASELTON, ESQ. The Threshold Issue
On June 23, 2017, the Supreme Court
ruled on a case where private property
owners were barred from selling
their two river front lots separately.
The plaintiffs argued that regulations
set forth in state and local law, that
precluded them from selling or
developing one of their two lots separate
from the other, constituted a “taking” of
the one lot they wished to sell.
In certain situations, a threshold issue
in determining whether a regulatory
taking has occurred is the delineation
Applying the Fifth Amendment's takings clause
when a government regulation treats two parcels as one.
This scenic property along the St. Croix River became the focus of a lawsuit when the
government barred the property owner from selling one of their two lots.
BLURRING THE LINES