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There is no specific guidance on how to identify the relevant parcel for the regulatory taking inquiry. there are two concepts which the Court has indicated can be unduly narrow. The Court has declined to limit the parcel in an artificial manner to the portion of property targeted by the challenged regulation. In Penn Central, for example, the Court rejected a challenge to the denial of a permit to build an office tower above Grand Central Terminal. The Court refused to measure the effect of the denial only against the “air rights” above the terminal, cautioning that “‘[t]aking’ jurisprudence does not divide a single parcel into discrete segments and attempt to determine whether rights in a particular segment have been entirely abrogated.” 438 U. S., at 130, 98 S. Ct. 2646, 57 L. Ed. 2d 631.
In a similar way, in Tahoe-Sierra, the Court refused to “effectively sever” the 32 months during which petitioners’ property was restricted by temporary moratoria on development “and then ask whether that segment ha[d] been taken in its entirety.” 535 U. S., at 331, 122 S. Ct. 1465, 152 L. Ed. 2d 517. That was because “defining the property ...
