Technical Assistance - Pennsylvania Land Use Law : PA Land Use

Key Topic: Takings

The extent to which a regulation advances a legitimate state interest is irrelevant to whether the regulation has affected a taking under the Fifth Amendment.

Lingle v. Chevron,
125 S. Ct. 2074 (2005).

The Hawaiian legislature enacted a rent-cap on gasoline stations. Chevron objected and argued that the legislation affected a taking within the meaning of the Fifth Amendment. The district court and circuit court held that the legislation affected a taking because it did not “substantially advance” the state’s interest in controlling consumer gasoline prices. That is, the rent cap was not effective in controlling gasoline prices.

On appeal, the United States Supreme Court clarified its taking precedent and held that such a “means-end” type analysis, which is typically employed in due process contexts, has no place in takings jurisprudence. The Court expressly overruled all prior precedent applying such means-ends analysis to the Takings Clause (e.g. Agins). The Court made it clear, where government regulation has not affected a permanent physical invasion of property (e.g. Loretto); exacted a property interest (e.g. Nollan, Dolan); or rendered a property valueless (e.g. Lucas), the proper and only test to be applied is the one set forth in Penn Central. Under the Penn Central rule, the focus is on the degree of economic harm the regulation inflicts on the property owner in light of the owner’s reasonable investment backed expectations for the property at the time of purchase.

DISCLAIMER:
This site is designed to provide summary review of selected Pennsylvania and Federal Court decisions related to land use and land use controls. The information contained herein, although produced by professionals, is not intended to render any legal service. Nor should the materials herein be utilized as a substitute for professional services. If legal advice or other expert assistance is required, the service of an attorney or other professional should be sought. DCED makes no representations, warranties or guarantees as to the accuracy, completeness or suitability of the information provided herein.