Legal Definition of Unjust Taking

When the government acquires private property and fails to compensate an owner fairly.9 min read

When the government acquires private property and fails to compensate an owner fairly. A taking can occur even without the actual physical seizure of property, such as when a government regulation has substantially devalued a property.

When Is Compensation Required?

An otherwise valid exercise of the police power constitutes a taking for which compensation is due if the owner suffers a permanent, physical occupation of the property. Yee v. Escondido, 112 S. Ct. 1522 (1992); Lucas v. South Carolina Coastal Council, 112 S. Ct. 2886, 2900 (1992); Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 427-28 (1982); Pumpelly v. Green Bay Co., 80 U.S. (13 Wall.) 166 (1871); Ferguson, 852 P.2d at 207. Physical invasions have been found where the government interferes with the owner's "right to exclude." See, e.g., Kaiser Aetna v. United States, 444 U.S. 164 (1979) (public access to pond); Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987) (public easement to beach); Loretto, 458 U.S. at 427-28 (installation of cable); Pumpelly, 80 U.S. at 166 (flooding); Hawkins v. City of La Grande, 843 P.2d 400 (Or. 1992) (one-time flooding).

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