Regulatory Takings

Taking Action Against Regulatory Takings

As a landowner in Texas, you are entitled to certain rights to your land. While the government may have the right to take your land under eminent domain, they still have to respect your rights as the rightful owner of the property. When regulatory takings affect you, turn to the Law Offices of David Ross, P.C., to take on the government on your behalf.

What Is Considered A Regulatory Taking?

A regulatory taking is a form of inverse condemnation in which the government passes a regulation affecting the use of your own property, commonly applied through zoning restrictions. In recent years, zoning restrictions have begun to affect Texas landowners more and more.

Attorney Ross takes aggressive action on behalf of Texans to maintain the enjoyment and use of their property. Regulatory takings can be divided up into three categories:

Penn Central taking: In a Penn Central taking, a zoning restriction or similar government limitation partially restricts the use of a landowner’s property. To be considered in a regulatory taking action, the government’s restrictions must impact the property’s use enough to decrease the land’s value significantly.

Lucas taking: In a Lucas taking, the government’s zoning ordinance eliminates the use of the entire property. In the titular case, a landowner was prohibited from building habitable structures on the land, rendering it economically useless.

Loretto taking: A Loretto taking involves the government physically occupying the property without compensating the landowner. Loretto takings often feature minor physical presences. For example, in the titular Supreme Court case, a cable box was placed on the landowner’s property as part of a government deal with Teleprompter Manhattan.

Regulatory taking cases are nuanced and complex situations, and few firms are equipped to handle them. At the Law Offices of David Ross, P.C., Attorney Ross understands the key indicators in these cases and he has more than 35 years of experience building cases to defend the property rights of Texans.

Defend Your Property With The Law Offices of David Ross, P.C.

If you believe that government restrictions are interfering with your Texas constitutional rights, call Attorney Ross in San Antonio at 210-354-4659 or send the firm an email with the details of your situation.