Regulatory takings occur when the government over regulates a piece of property so that it no longer has any real value to the property owner. This might occur when the government prohibits coastal property development to preserve shore frontage, or when construction is prohibited because of the presence of wetlands. As a general rule, some government restriction on land use is allowable and not compensable. But when the government over regulates private property such that no real use is left, it is called a regulatory taking.

Takings litigation tends to be prolonged and costly. Often, governments will intentionally prolong litigation to tire the private property owner. Governments often have vast legal resources, contrasted with the limited means of most individuals to sustain the costs of litigation. Property owners must stay the course, no matter how difficult that might be to do.

Now, one federal legislator has come to the rescue. Congressman Gerald Solomon of New York has introduced the Private Property Protection Act of 1977. The Bill requires that the Attorney General evaluate any federal regulation which might have the effect of taking private property. Regulations that are not certified would not have the force of law. The purpose of the Bill is to reduce the risk of undue or inadvertent burdens on the public resulting from certain lawful Federal Government actions.

This Bill marks an important first step towards addressing the issue of property confiscation by the government. It is important that those who support this Bill notify their Congressional Representatives that this Bill is worthy of consideration and debate. However, the public will not be fully protected until stream lined, cost effective procedures art established providing for prompt review of government regulatory takings. Such procedures must clearly provide that if they prevail, affected property owners may recover attorneys fees and costs.

Moreover, many regulatory takings occur at the state level rather than the federal level. State laws covering this issue are sorely needed.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.