In takings jurisprudence, which type of taking deprives owners of all economically viable use of property, triggering compensation?

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Multiple Choice

In takings jurisprudence, which type of taking deprives owners of all economically viable use of property, triggering compensation?

The key idea is that when a government regulation deprives a landowner of all economically viable use of the property, the action is treated as a taking per se, requiring compensation. Under this approach, no balancing of public benefits against the burden is needed—the deprivation itself triggers compensation. This is the rule established in cases like Lucas v. South Carolina Coastal Council, which holds that total deprivation of economically viable use by a regulation is a per se taking. Regulatory takings, by contrast, describe more typical scenarios where some use remains and courts apply a balancing test (e.g., Penn Central). Constructive or economic takings aren’t the standard labels for this specific scenario. So, the correct concept is a per se taking.

The key idea is that when a government regulation deprives a landowner of all economically viable use of the property, the action is treated as a taking per se, requiring compensation. Under this approach, no balancing of public benefits against the burden is needed—the deprivation itself triggers compensation. This is the rule established in cases like Lucas v. South Carolina Coastal Council, which holds that total deprivation of economically viable use by a regulation is a per se taking. Regulatory takings, by contrast, describe more typical scenarios where some use remains and courts apply a balancing test (e.g., Penn Central). Constructive or economic takings aren’t the standard labels for this specific scenario. So, the correct concept is a per se taking.

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