What Is A Regulatory Taking?
Have you lost the use or value of your land because of government regulations? You may be entitled to compensation for a regulatory taking.
When landowners think of a taking, they typically think of a physical taking where the condemning authority is occupying their property. However, when a government regulation deprives a landowner of the use or economic value of his or her property, this may constitute a regulatory taking.
Zoning Restrictions and Development Constraints
Zoning restrictions and development constraints are examples of government actions that may result in a regulatory taking when they prevent landowners from developing or making use of their property. If your land development proposals, rezoning requests, permits, or variances have been denied, or if the government has imposed restrictions that prevent you from fully utilizing your land, you may have suffered a regulatory taking and may be entitled to compensation.
The Dallas firm of Vassallo & Salazar, P.C. has a proven track record of helping developers secure approval for proposed projects and safeguarding landowners’ ability to fully utilize their property.
Exactions
An exaction is a governmental condition a landowner must accept or agree to complete as a requirement to getting a development approved. Exactions may result in a regulatory taking requiring compensation to the landowner.
Exactions may include impact fees, linkage fees, fees designed to cover some or all of the costs associated with building public infrastructure needed for a new development, easements, or dedications of land.
Not all governmental conditions are exactions. We can evaluate the conditions imposed on your development and determine if the requirement or burden rises to the level of an exaction, which is a regulatory taking. We can work with the regulatory body to negotiate a positive outcome with the goal of moving your project forward as quickly and efficiently as possible. When necessary, we can also file suit to assure you are adequately compensated for the regulatory taking.
How to Get Compensation for a Regulatory Taking
In regulatory takings cases, the primary method in seeking compensation for the landowner is by an inverse condemnation action, which is a lawsuit by the landowner against the government entity imposing the regulatory restriction. An inverse condemnation lawsuit seeks adequate compensation for the land the government has taken.
Contact Us for Initial Consultation
Vassallo & Salazar, P.C. has decades of experience representing the rights of property owners in regulatory takings. We encourage you to call us at 800-231-3657 or 214-559-7200, or fill out our online form to schedule an initial consultation. We offer retainer and contingent-fee options.