Also known as: per se condemnations · per se taking
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine classifying certain government actions as takings that require just compensation without case-by-case balancing. The classification applies when the government physically appropriates property or deprives an owner of all economically beneficial use.
Pierre Poulin purchased coastal acreage intending to build vacation homes. A state coastal commission then enacted rules barring all construction and denying any variance. The rules left Poulin with no viable economic use of the parcel. A court treats the rules as a per se taking that requires just compensation.
Prime Logistics acquired industrial parcels for a warehouse project. The city imposed a one-year moratorium on all building permits while it revised its master plan. The moratorium delayed but did not permanently eliminate all economic use. A court examines duration, planning purpose, and owner expectations rather than applying automatic per se treatment.
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A regulation that grants third parties a recurring legal right to enter private property appropriates the owner's right to exclude. Courts treat such recurring access as a per se physical taking even when each entry is brief and intermittent. The government must pay just compensation regardless of the regulation's purpose or the owner's retained uses.
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No. Courts evaluate the moratorium's duration, the government's planning objectives, the owner's reasonable expectations, and the effect on property value. Fairness and justice determine whether compensation is required rather than an automatic per se rule.
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A government order requiring an owner to surrender specific items of personal property to a government-controlled pool effects a per se taking. The owner's retention of a contingent interest in future proceeds does not avoid the classification. Just compensation is required at the time of the physical appropriation.
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