The Supreme Court rejects a property owner’s regulatory taking claim

The Supreme Court of the United Sates rejected a property owner’s regulatory taking claim in Murr v Wisconsin, 582 U.S. ____ [2017]. The claim alleged that a Wisconsin law deprived the owner of all or practically all of the use of one of two adjacent lots because the lot could not be sold or developed separately under the Wisconsin law. The Court applied a multi-part test to identify the relevant parcel for the regulatory taking inquiry. It concluded that the two lots should be evaluated as a single parcel, and it held that the property owner did not suffer a taking, as the regulation did not deprive the owner of an economically beneficial use of the property. The opinion, written by Justice Kennedy, explained that the property owner could still use the property for residential purposes, including an enhanced, larger residential improvement.

The opinion can be found on the following webpage: https://www.supremecourt.gov/opinions/16pdf/15-214_f1gj.pdf

 

 

Posted in Inverse Condemnation, Recent cases
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