What is the difference between condemnation and a regulatory taking?

The difference between condemnation and a regulatory taking in Washington can be seen in the different legal processes used to acquire property. Condemnation is a process that is used by government entities to take control of private property for a public use, such as constructing a road or other public works. In Washington, condemnation is more commonly known as eminent domain. This process is regulated by the Washington State Constitution, which outlines the procedural steps that must be taken in order to complete the taking of a property. Regulatory taking, on the other hand, is a situation in which government regulations have so significantly reduced the value of a property that a taking has occurred, even if the land has not been physically taken by the government. Regulatory takings are not expressly authorized by the Washington State Constitution, but they are still subject to legal restrictions and may entitle the owner of the property to compensation. The difference between the two is that, in the case of condemnation, the government takes possession of the property, while in the case of a regulatory taking, the government does not take physical possession of the property.

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What is the difference between condemnation and a regulatory taking?

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