The case decided today makes it clear that government agencies must pay for such temporary "regulatory takings" of property.
The decision thereby started the doctrine of regulatory taking.
Additionally, the case was one of the first to address the denominator problem with regard to regulatory taking.
They sued seeking just compensation for a regulatory taking.
The lower court agreed and awarded Lucas $1,232,387.50 as just compensation for the regulatory taking.
Writing alone, Stevens probes the distinction between physical and regulatory takings.
"Where total use is denied under this statute, you've got a very strong case of regulatory taking."
In doing so, it established the permanent physical presence test for regulatory takings.
This decision helped explain the concept of a "regulatory taking".
It also made clear that government agencies must pay for "regulatory takings" of property.