Land use Controls: Can Landowners Force Governmental Bodies to Pay?

Peter J. Shedd

Real Estate Economics, 1981, vol. 9, issue 4, 457-473

Abstract: A governmental body has the right to regulate owners' use of their land by exercising police powers. However, when such regulation substantially deprives an owner of the use of land, the owner can argue that a taking has occurred. Traditionally, a landowner could seek a declaration that the governmental regulation was unconstitutional and should be enjoined. At times an alternative remedy available to the landowner has been to sue for monetary damages. This latter action is called inverse or reverse condemnation. This article examines two recent United States Supreme Court cases that address whether or not an inverse condemnation action is a permissible means by which a landowner can challenge the excessive nature of a zoning regulation. Although these cases have not directly answered this question, this article concludes that such a remedy would be beneficial and should be allowed.

Date: 1981
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