Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005),[2] was a landmark case in United States regulatory takings law whereby the Court expressly overruled precedent created in Agins v. City of Tiburon.

In Agins v. City of Tiburon (1980), the Court declared that government regulation of private property effects a taking if it does not substantially advance legitimate state interests.

[7] In a concurring opinion, Justice Kennedy wrote separately to emphasize that the Court's decision did not foreclose Chevron's chances of prevailing on a due process claim.

Justice Kennedy indicated that, on his view, a regulation of private property could perhaps be so arbitrary or irrational that it violated Constitutional guarantees of due process.

This short concurrence seemed to indicate some openness on Justice Kennedy's part to substantive due process claims in the takings context.