Yee v. City of Escondido

Supreme Court of the United States

503 U.S. 519 (1992)

     A physical taking occurs only when a government agency requires a landowner to submit to a physical occupation of property.   Compensation is required if a government agency authorizes a compelled physical occupation of some sort.

     Property uses may be regulated to some extent.  The limit of regulation is analyzed in an “ad hoc” inquiry dependent on the facts of each situation.

   A landlord’s ability to rent property may not be conditioned on a forfeiture of the right to compensation arising due to a compelled physical occupation of property.

Full Text of Yee v. City of Escondido

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