What is the difference between condemnation and a regulatory taking?

The difference between condemnation and a regulatory taking is the impact each has on property rights. In New Jersey, condemnation is the power of the government, also known as “eminent domain”, to take privately owned property for public use. When private property is taken through condemnation, the government will typically offer the property owner just compensation for the taking. A regulatory taking on the other hand occurs when the government applies regulations to a property that reduces the value of it without actually taking possession of it. Examples of this in New Jersey include zoning regulations, historic restrictions, and other government restrictions or regulations. What makes a regulatory taking different is that the government does not hand over any money for the loss in value to the property owner. The property owner may still be able to recover damages, but a property owner can only receive compensation when a regulatory taking has actually occurred. Ultimately, the difference between the two is the direct government involvement in the taking of the property. Condemnation involves the direct seizure of the property by the government, while a regulatory taking involves government regulations limiting the use or value of the property.

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What is the difference between condemnation and a regulatory taking?

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