First English Evangelical Lutheran Church of Glendale v. County of Los Angeles
Supreme Court of the United States
482 U.S. 304 (1987)
Government action that works a taking of property rights necessarily implicates the constitutional obligation to pay just compensation.
Inverse condemnation, or regulatory takings, may occur even if the government does not formally exercise eminent domain power.
If it is found that a regulatory taking has occurred, a government agency may amend the regulation or action, withdraw the regulation, or exercise eminent domain and pay compensation to the owner.
If a government regulation or activity has worked a taking of property, no subsequent action can relieve the government of its duty to pay compensation for the period during which the taking was effective (i.e., a “temporary taking”).