context: (Id. 31 at 10-11.) The standard for determining whether this particular type of regulatory taking has occurred, however, "is not whether the landowner has been denied those uses to which he wants to put his land; it is whether the landowner has been denied all or substantially all economically viable use of his land." Plaintiffs have made no showing that the "mere enactment" of the Ordinance will deprive landowners of all or substantially all economically viable use of their land; thus, Plaintiffs have not yet demonstrated a facial taking of constitutional proportions.
citation_a.signal: see also
citation_a.parenthetical: rejecting facial takings claim in part because statute did "not purport to regulate alternative uses to which [property in question] may be put"
citation_a.sentence: See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ordinances place limits on the property owner’s right to make profitable use of some segments of his property”); see also Hodel v. Va. Surface Mining & Reclamation Ass’n, Inc., 452 U.S. 264, 296, 101 S.Ct. 2352, 69 L.Ed.2d 1 (1981) (rejecting facial takings claim in part because statute did “not purport to regulate alternative uses to which [property in question] may be put”). Accordingly, Defendant is entitled to summary judgment to the extent Plaintiffs assert a facial takings claim under federal law.
citation_b.signal: see
citation_b.parenthetical: noting that "[m]any zoning ordinances place limits on the property owner's right to make profitable use of some segments of his property"
citation_b.sentence: See, e.g., DeBenedictis, 480 U.S. at 498, 107 S.Ct. 1232 (noting that “[m]any zoning ordinances place limits on the property owner’s right to make profitable use of some segments of his property”); see also Hodel v. Va. Surface Mining & Reclamation Ass’n, Inc., 452 U.S. 264, 296, 101 S.Ct. 2352, 69 L.Ed.2d 1 (1981) (rejecting facial takings claim in part because statute did “not purport to regulate alternative uses to which [property in question] may be put”). Accordingly, Defendant is entitled to summary judgment to the extent Plaintiffs assert a facial takings claim under federal law.