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In Agins v. City of Tiburon, a case involving a facial takings challenge to certain municipal zoning ordinances, the Court declared that '[t]he application of a general zoning law to particular property effects a taking if the ordinance does not substantially advance legitimate state interests, see Nectow v. Cambridge, 277 U. S. 183, 188 (1928), or denies an owner economically viable use of his land, see Penn Central Transp. Co. v. New York City, 438 U. S. 104, 138, n. 36 (1978).' 447 U. S., at 260. Because this statement is phrased in the disjunctive, Agins' 'substantially advances' language has been read to announce a stand-alone regulatory takings test that is wholly independent of Penn Central or any other test. Indeed, the lower courts in this case struck down Hawaii's rent control statute as an 'unconstitutional regulatory taking,' 198 F. Supp. 2d, at 1193, based solely upon a finding that it does not substantially advance the State's asserted interest in controlling retail gasoline prices. See supra, at 6-7. Although a number of takings precedents have recited the 'substantially advances' formula minted in Agins, this was the court’s first opportunity to consider its ...
