Loveladies Harbor, Inc. And Loveladies Harbor, Unit D, Inc. v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that the inquiry is whether the regulatory imposition goes beyond the government's powers under common law nuisance doctrine, and thus, constitutes a taking
• noting that courts have traditionally applied a \flexible approach\ to address this issue
• noting that investment-backed expectations “limit[] takings recoveries to owners who could demonstrate that they bought their property in reliance on a state of affairs that did not include the challenged regulatory regime”
• stating that the inquiry is whether the state retained the power to impose a particular regulatory framework upon private property owners, as a matter of state property law based on traditional common law nuisance principles
• stating that property rights do not include the power to create a nuisance
• noting that development of 199 acres originally purchased with regulated property but excluded from the relevant parcel “occurred over a substantial period of years beginning in 1958, and involved many kinds of government permits”

Source: CourtListener parenthetical corpus (CC0).