Also known as: productive uses
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An economically beneficial utilization of land that generates value for the owner. A regulation eliminating all such uses constitutes a per se taking unless the prohibited activity was already barred by background principles of nuisance or property law at acquisition.
An economically beneficial utilization of land that generates value for the owner. A regulation eliminating all such uses constitutes a per se taking unless the prohibited activity was already barred by background principles of nuisance or property law at acquisition.
Select any source to read its text and confirm it supports the definition.
Actual beneficial utilization of land over time that rewards the user and supports acquisition of servitudes by fulfilling expectations created through long use.
Select any source to read its text and confirm it supports the definition.
Actual beneficial utilization of land over time that rewards the user and supports acquisition of servitudes by fulfilling expectations created through long use.
Each sense below has its own examples, sources, and questions.
Pearl Porter purchased an inland parcel intending to construct a manufacturing facility after obtaining required permits. The state later enacted a habitat rule prohibiting all filling, grading, and building, leaving the land as untouched marsh. Because the rule eliminated every economically beneficial use that existed when Porter acquired the property, the restriction functions as a total deprivation requiring just compensation.
A regulation that deprives an owner of all economically beneficial or productive use of land is treated as a per se taking requiring just compensation unless the prohibited use was already barred by background principles of nuisance or property law when the owner acquired the parcel.
Supporting sources
Residual uses such as passive public access or conservation do not qualify as economically beneficial or productive uses when the owner purchased the land for development that the regulation now forbids.
Supporting sources
Pavel Petrov built and maintained a private road across an adjoining parcel for more than the prescriptive period, fencing it off and using it daily to reach his own land. The continuous productive utilization fulfilled expectations of access and conformed the record title to actual practice, allowing Petrov to acquire a prescriptive servitude.
Long-term productive utilization of land rewards the user, fulfills expectations created by that use, and conforms titles to actual practice, providing the positive rationale for acquiring servitudes by prescription.
Supporting sources