An injurious or harmful use of property that the state may prohibit without providing compensation to the owner under its police power.
See Our Sources· 9 primary sources
Cases
Uniform Acts
Model Codes
How its tested
Common Examples
6
Noxious Use Of Factory Emissions
Owner Owen operated a factory that emitted toxic fumes harming nearby residents. The state enacted a regulation shutting down the emission source. Owen received no compensation because the use was noxious and subject to prohibition under the police power.
Noxious Use Of Polluting Business
Business owner Bates ran a rendering plant whose odors and waste made neighboring homes unlivable. The city ordered closure without payment. Bates had no takings claim because the noxious use could be banned under police power.
Noxious Use Of Storage Facility
Landowner Lane stored explosives that risked explosion and injury to the public. The state prohibited the activity. Lane received no compensation because the noxious use was regulable without payment.
Owner Otis sold liquor in a residential area, creating public intoxication and crime. The state banned such sales. Otis had no right to compensation because the noxious use could be prohibited under police power.
Noxious Use Of Gambling House
Proprietor Price operated a gambling house that fostered disorder. The state closed the operation. Price received no compensation because the use was noxious and regulable without payment.
Noxious Use Of Slaughterhouse
Operator Oliver ran a slaughterhouse emitting foul odors and waste into a city neighborhood. The city prohibited continued operation. Oliver had no takings claim because the noxious use was subject to uncompensated prohibition.
2 common questions
Students Frequently Ask...
What makes a property use noxious enough for the state to prohibit it without compensation?
A use is noxious when it is injurious or harmful to public health, morals, or safety. The state may ban such uses under the police power even if the prohibition causes economic loss to the owner.
Does the term noxious appear only in property law contexts?
The supplied sources use noxious primarily to describe harmful property uses that the government may regulate without compensation. Related concepts of harmful conduct appear in tort and other areas but are expressed with the word harmful rather than noxious.
576 U.S. 644 (2015)
…couples”). The respondents have not shown a foundation for the conclusion that allowing same-sex marriage will cause the harmful outcomes they describe. Indeed, with respect to this asserted basis for excluding same-sex couples from the right to marry, it is appropriate to observe these cases involve only the rights…