Nizar Dahrouge and Caitlin Smith co-author an article for Real Estate News EXchange, addressing issues of zoning laws making land unusable, and if compensation is to be owed.
Did you know that expropriation of land can occur in two ways?
Formal expropriation occurs where a public authority acquires legal title to the land without the landowner’s consent. Constructive expropriation (also known as “de facto” expropriation) covers a situation where a public authority imposes such restrictive land use regulations that the landowner is effectively deprived of all rights to use and enjoy the land. Specifically, the conditions for constructive expropriation are (1) a public authority has acquired a beneficial interest in the land; and (2) a regulation removes all reasonable uses of the land.
Read the full article: Landowner compensation for constructive expropriation
