ABSTRACT
A regulatory taking may be either temporary or permanent, with compensation required for the period the regulation is in effect. Most regulatory taking claims are triggered by the perceived economic impact of the regulation. There is one recent decision which suggests that a total abrogation of an essential stick in the bundle of property rights can lead to a regulatory taking. The landowner is successful in having the exaction declared a regulatory taking on the ground that it impermissibly places a burden on a specific landowner that should be borne by the general public. However, the judicial standard of review for a regulatory taking claim is different from the standard applied to due process or equal protection claims. Since the adverse economic impact is more than exceeded by the value of the regulatory control, it negates the use of economic impact as a taking factor.
