What is the difference between condemnation and a regulatory taking?

The difference between condemnation and a regulatory taking is the manner in which the government obtains ownership or control of the property. Condemnation occurs when the government uses its power of eminent domain to take private property for a public use. In this case, the government does not need to compensate the owner for the property as long as it pays fair market value. A regulatory taking occurs when the government’s regulation of private property causes the property owner to suffer an economic loss. The regulation can be so restrictive that it reduces the value of the owner’s property significantly, or it can prevent the owner from making any use of it. In this case, the government may be required to pay the owner for the loss of value or the inability to use the property. In both cases, South Carolina law requires that the government must pay “just compensation” to the property owner. In condemnation cases, this is typically the fair market value of the property. In regulatory taking cases, the compensation amount may be subject to negotiation and is determined based on the economic impact that the regulation has on the owner.

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What is the difference between condemnation and a regulatory taking?

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