Penn Central factors (New Jersey) · Go Syfert
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Penn Central factors in New Jersey

6 New Jersey opinions name it 2 courts 2006–2025 2 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Murr v. Wisconsingreen
scotus · 2017 · cited in 3 New Jersey opinions naming this issue, 2019–2025
2 sentences

2025The flexible Penn Central test aims to “strike[] a balance between property owners’ rights and the government’s authority to advance the common good.” Murr, 582 U.S. at 408 (Roberts, C.J., dissenting).

2025The flexible Penn Central test aims to “strike[] a balance between property owners’ rights and the government’s authority to advance the common good.” Murr, 582 U.S. at 408 (Roberts, C.J., dissenting).

33
Littman v. Gimellogreen
nj · 1989 · cited in 2 New Jersey opinions naming this issue, 2019–2020
2 sentences

2020Littman v. Gimello, 115 N.J. 154, 164 (1989).

2020Littman v. Gimello, 115 N.J. 154, 164 (1989).

22
Sheetz v. El Dorado Countygreen
scotus · 2024 · cited in 1 New Jersey opinions naming this issue, 2025–2025
2 sentences

2025As the Supreme Court most recently explained, “[a] use restriction that is ‘reasonably necessary to the effectuation of a substantial government purpose’ is not a taking unless it saps too much of 19 the property’s value or frustrates the owner’s investment-backed expectations.” Sheetz v. County of El Dorado, 601 U.S. 267, 274 (2024) (quoting Penn Cent., 438 U.S. at 127 ).

2025As the Supreme Court most recently explained, “[a] use restriction that is ‘reasonably necessary to the effectuation of a substantial government purpose’ is not a taking unless it saps too much of 19 the property’s value or frustrates the owner’s investment-backed expectations.” Sheetz v. County of El Dorado, 601 U.S. 267, 274 (2024) (quoting Penn Cent., 438 U.S. at 127 ).

11
Yee v. City of Escondidogreen
scotus · 1992 · cited in 1 New Jersey opinions naming this issue, 2024–2024
2 sentences

2024Where there is no per se taking, and where the government merely regulates the use of property, compensation is required only if considerations such as the purpose of the regulation or the extent to which it deprives the owner of the economic use of the property suggest that the regulation has unfairly singled out the property owner A-2767-21 21 to bear a burden that should be borne by the public as a whole. [Yee v. City of Escondido, 503 U.S. 519, 522-23 (1992).] Plaintiffs argue the uncontroverted record shows: adverse economic impact to the hospitals; undue infringement on their investment

2024Where there is no per se taking, and where the government merely regulates the use of property, compensation is required only if considerations such as the purpose of the regulation or the extent to which it deprives the owner of the economic use of the property suggest that the regulation has unfairly singled out the property owner A-2767-21 21 to bear a burden that should be borne by the public as a whole. [Yee v. City of Escondido, 503 U.S. 519, 522-23 (1992).] Plaintiffs argue the uncontroverted record shows: adverse economic impact to the hospitals; undue infringement on their investment

11
Mansoldo v. Stategreen
nj · 2006 · cited in 1 New Jersey opinions naming this issue, 2024–2024
2 sentences

2024Ibid.; see also Mansoldo v. State, 187 N.J. 50, 58-59 (2006) (explaining "protection from A-2767-21 14 governmental takings under the New Jersey constitution is coextensive with protection under the federal constitution" and that the Penn Central factors serve to resolve regulatory takings claims that are not per se physical takings).

2024Ibid.; see also Mansoldo v. State, 187 N.J. 50, 58-59 (2006) (explaining "protection from A-2767-21 14 governmental takings under the New Jersey constitution is coextensive with protection under the federal constitution" and that the Penn Central factors serve to resolve regulatory takings claims that are not per se physical takings).

11
Mason v. Sportsman's Pubgreen
njsuperctappdiv · 1997 · cited in 1 New Jersey opinions naming this issue, 2019–2019
2 sentences

2019See Mason, 305 N.J.

2019See Mason, 305 N.J.

11
Washington Market Enterprises, Inc. v. City of Trentongreen
nj · 1975 · cited in 1 New Jersey opinions naming this issue, 2019–2019
2 sentences

2019A-0959-17T2 38 In Washington Market Enterprises v. City of Trenton, the Court noted "[t]he general question as to when governmental action amounts to a taking of property has always presented a vexing and thorny problem," which has led to seemingly inconsistent results. 68 N.J. 107, 116 (1975).

2019A-0959-17T2 38 In Washington Market Enterprises v. City of Trenton, the Court noted "[t]he general question as to when governmental action amounts to a taking of property has always presented a vexing and thorny problem," which has led to seemingly inconsistent results. 68 N.J. 107, 116 (1975).

11
Lingle v. Chevron U. S. A. Inc.green
scotus · 2005 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006Inc., 544 U.S. 528, 538-40 , 125 S.Ct. 2074, 2082 , 161 L.Ed.2d 876, 888 (2005) (“The Penn Central factors ... have served as the principal guidelines for resolving regulatory takings claims that do not fall within the physical takings or Lucas rules.”).

2006Inc., 544 U.S. 528, 538-40 , 125 S.Ct. 2074, 2082 , 161 L.Ed.2d 876, 888 (2005) (“The Penn Central factors ... have served as the principal guidelines for resolving regulatory takings claims that do not fall within the physical takings or Lucas rules.”).

11
Bronco Wine Co. v. Jollygreen
calctapp · 2005 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006Penn Central provides “[a]n ad hoc factual inquiry ... for regulatory action that diminishes but does not destroy the value of property by restricting its use.” Bronco Wine Co. v. Jolly, 129 Cal.App.4th 988 , 29 Cal.Rptr.3d 462, 497 (2005).

2006Penn Central provides “[a]n ad hoc factual inquiry ... for regulatory action that diminishes but does not destroy the value of property by restricting its use.” Bronco Wine Co. v. Jolly, 129 Cal.App.4th 988 , 29 Cal.Rptr.3d 462, 497 (2005).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Penn Central Transportation Co. v. New York City green
scotus · 1978
2 sentences

2025The Penn Central test balances “factors such as the economic impact of the regulation, its interference with reasonable investment-backed expectations, and the character of the government action.” Cedar Point, 594 U.S. at 148 (citing Penn Cent., 438 U.S. at 124 ).

2025The Penn Central test balances “factors such as the economic impact of the regulation, its interference with reasonable investment-backed expectations, and the character of the government action.” Cedar Point, 594 U.S. at 148 (citing Penn Cent., 438 U.S. at 124 ).

22019–2025
Cedar Point Nursery v. Hassid green
scotus · 2021
2 sentences

2025The Penn Central test balances “factors such as the economic impact of the regulation, its interference with reasonable investment-backed expectations, and the character of the government action.” Cedar Point, 594 U.S. at 148 (citing Penn Cent., 438 U.S. at 124 ).

2025The Penn Central test balances “factors such as the economic impact of the regulation, its interference with reasonable investment-backed expectations, and the character of the government action.” Cedar Point, 594 U.S. at 148 (citing Penn Cent., 438 U.S. at 124 ).

12025–2025

Where else courts name it

TX 37 (2007–2025) CA 24 (1984–2025) OH 13 (2007–2026) MN 10 (1996–2025) FL 10 (2001–2025) MA 8 (2004–2025) NY 8 (1989–2026) MI 7 (2005–2025) SC 7 (2003–2025) MT 7 (2008–2022) RI 6 (2000–2020) NJ 6 (2006–2025) ND 5 (2005–2022) IA 5 (2017–2023) AZ 4 (2004–2012) GA 4 (2007–2021) WA 4 (2005–2019) OR 4 (2005–2010) TN 3 (2005–2018) IL 3 (2006–2025) PA 3 (1985–2008) MD 3 (1971–1979) MO 2 (1978–2007) NV 2 (2015–2015) AK 2 (2001–2002) NM 2 (2020–2021) DC 2 (2011–2024) IN 2 (2017–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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