Agins v. Tiburon
In Agins v. Tiburon, 447 U.S. 255, 260 (1980), the city of Tiburon had instituted condemnation proceedings against the plaintiffs' property, but abandoned the proceedings a year later.
The plaintiffs brought suit, contending, inter alia, "that the city's aborted attempt to acquire the land through eminent domain had destroyed the use of the land during the pendency of the condemnation proceedings." Agins, 447 U.S. at 258 n.3.
The Supreme Court rejected the plaintiffs' claim, holding:
The State Supreme Court correctly rejected the con tention that the municipality's good faith planning activities, which did not result in the successful pros ecution of an eminent domain claim, so burdened the appellants' enjoyment of their property so as to con stitute a taking. Even if the appellants' ability to sell their property was limited during the pendency of the condemnation proceeding, the appellants were free to sell or develop their property when the proceed ings ended. Mere fluctuations in value during the process of governmental decisionmaking, absent extraordinary delay, are "incidents of ownership. They cannot be considered as a `taking' in the constitutional sense." 447 U.S. at 263 n.9.