Three Types of Taking

Three Types of Taking
1. Seizure (Eminent Domain)
Kelo v. New London
2. Nuisance
Barron v. Baltimore, U.S. v. Causby
3. Regulatory
Lucas v. So. Carolina Coastal Comm.
Regulatory Takings
A regulation restricting the use of property
to further legitimate public ends will not
be considered a taking merely because it
impairs the value or the utility of that land
unless it
Removes all economically viable use (Lucas)
or
Does not substantially advance public
purposes (Dolan v. City of Tigard)
Lucas v. South Carolina Coastal Council