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Owner bought an oceanfront parcel for $900,000 intending to build three rental cottages. At the time of purchase, zoning allowed the cottages. Two years later, after severe storms damaged nearby dunes, County enacted an emergency coastal ordinance. The ordinance prohibited all construction on parcels located seaward of a new setback line unless the owner could prove that construction would not increase erosion or flood risk. Owner's parcel is entirely seaward of the line. The parcel can still be used for walking and picnics but cannot be built on under the ordinance.
The ordinance also required owners in the affected area to allow County to install and maintain small storm-warning sensors on existing poles on their land. County imposed a 10-month moratorium on permit applications while preparing the new setback map. Owner sued, claiming a taking and demanding that the ordinance be invalidated.
Discuss Owner's takings claims. Address physical occupation, total deprivation, background nuisance or property-law limitations, partial regulatory taking, temporary moratorium, and remedy.