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Archive | Regulatory Taking

July 2, 2021

SCOTUS Hands Down Another Important Property Rights Case: Pakdel v City and County of San Francisco

On June 28, 2021, the Supreme Court rendered a unanimous per curiam decision, Pakdel v City and County of San Francisco, 594 U.S. ____ (2021). The lawsuit involved a regulatory taking claim.  The City had required that as a condition of converting a tenancy-in-common to a condominium, that the owner must first offer any tenant a lifetime lease.  The Ninth Circuit held that the Plaintiffs, even though they requested two exemptions, did not present a final decision and, hence, their claim was not ripe under Williamson County Regional Planning Comm’n… read more

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Posted in Per Se Taking, Regulatory Taking
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May 11, 2018

ANOTHER FIFTH AMENDMENT CLAIM STRUCK DOWN

          The Second Department held that the City of New York did not take property from taxicab companies that own medallions.  The proceeding arises out of the rapid growth of for-hire vehicle services provided by companies such as Uber which allow passengers to use a smartphone application to electronically request on-demand ground transportation. The Court held, inter alia: Moreover, we agree with the Supreme Court’s determination that the TLC’s alleged decision to “allow black cars to pick up e-hails” did not, as a matter of law, constitute an unconstitutional taking… read more

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Posted in Fifth Amendment, Inverse Condemnation, Regulatory Taking
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January 8, 2018

CLARITY FOR NEW YORK TAKINGS LAW

Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor.  The recent Second Department decision of Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.), ___ A.D.3d ____, 2017 N.Y. App. Div. LEXIS 8042, (November 15, 2017), provides some guidance on three important regulatory takings issues. The underling case was not a regulatory taking per se.  Rather, the City of New York condemned property that was 100% wetlands.  Had the City not taken title, the owner could… read more

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Posted in Regulatory Taking, Subsequent Purchases, Wetlands
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February 9, 2017

MUIR V. WISCONSIN “PARCEL AS A WHOLE” DOCTRINE SCHEDULED FOR ORAL ARGUMENT

The United States Supreme Court has scheduled oral argument of the Muir case for March 20, 2017.  The case involved a regulatory taking claim which was premised on the adoption of a zoning ordinance which required a minimum “net project area.”  This resulted in the inability to develop or sell the contiguous parcel.  There were two parcels which although owned by the same owner and contiguous were purchased separately at different times for different purposes.  By itself the other lot would be grandfathered under the zoning law, but not when… read more

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Posted in Inverse Condemnation, Regulatory Taking
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December 14, 2016

SUPREMACY CLAUSE? WE DON’T NEED NO STINKING SUPREMACY CLAUSE!

On December 7, 2016, the Appellate Division, Second Department handed down Monroe Equities, LLC v State of New York, 2016 NY Slip Op 08206.  The decision affirmed the dismissal of a claim for damages based on the contention that the application of watershed regulations precluding the right to install a septic system constituted a per se taking under Lucas v South Carolina Coastal Council, 505 US 1003, requiring compensation under the Takings Clause of the United States Constitution because claimant was deprived of all economically beneficial use of its property…. read more

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Posted in Recent cases, Regulatory Taking
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