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As we have previously recognized, the rights identified in Part I, Article 2 of the New Hampshire Constitution “are not bestowed by that constitutional provision but rather are recognized to be among the natural and inherent rights of all humankind.” Burrows v. City of Keene, 121 N.H. 590, 596 (1981).

“‘Property,’ in the constitutional sense, is not the physical thing itself but is rather the group of rights which the owner of the thing has with respect to it.” Burrows v. City of Keene, 121 N.H. 590, 597 (1981).

The defendant acknowledges that “the amendment does not expressly address the issue of retroactive application,” but points to the language “natural, essential, and inherent” as indicative of “[t]he choice by the citizens to characterize the right to privacy as pre-existing rather than newly-created.” (Citing Burrows v. City of Keene, 121 N.H. 590, 596 (1981) (explaining that the phrase “natural, essential, and inherent” in Part I, Article 2 demonstrates that the rights articulated “are not best

Burrows v. City of Keene, 121 N.H. 590, 598 (1982).

Robbins Auto Parts, Inc. v. City of Laconia, 117 N.H. 235, 236-37 (1977) (ruling that planning board could not require applicant to grant to the city an easement over the applicant’s property as a condition to site plan approval); Burrows v. City of Keene, 121 N.H. 590, 598 (1981) (arbitrary or unreasonable zoning restrictions that substantially deprive an owner of the economically viable use of his land constitutes a taking).

Burrows v. City of Keene, 121 N.H. 590, 600 (1981).

Burrows v. City of Keene, 121 N.H. 590, 598 (1982).

Relying upon our decisions in Burrows v. City of Keene, 121 N.H. 590 (1981) and Dugas v. Town of Conway, 125 N.H. 175 (1984), the plaintiff argues that a finding of bad faith is not required for an award of attorney’s fees in inverse condemnation cases, and that the trial court erred in denying her request for attorney’s fees by requiring a specific finding of bad faith.

Everett Ashton cites Burrows v. City of Keene, 121 N.H. 590 (1981), for the proposition that “arbitrary or unreasonable restrictions which substantially deprive the owner of the ‘economically viable use of his land’.

Smith v. Town of Wolfeboro, 136 N.H. 337 (1992); Burrows v. City of Keene, 121 N.H. 590 (1981); Sundell v. Town of New London, 119 N.H. 839 (1979).

Smith v. Town of Wolfeboro, 136 N.H. 337, 615 A.2d 1252 (1992); Burrows v. City of Keene, 121 N.H. 590, 432 A.2d 15 (1981); Sundell v. Town of New London, 119 N.H. 839, 409 A.2d 1315 (1979).

The plaintiffs moved for reconsideration, arguing that, without a variance, they “will be substantially deprived of the economically viable use of their land.” See Burrows v. City of Keene, 121 N.H. 590, 598 (1981).

Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15 (1981).

Burrows v. City of Keene, 121 N.H. 590, 597-98 (1981); Smith v. Town of Wolfeboro, 136 N.H. 337, 346 (1992).

We recognize that “arbitrary or unreasonable restrictions which substantially deprive the owner of the economically viable use of his land in order to benefit the public in some way constitute a taking within the meaning of our New Hampshire Constitution requiring the payment of just compensation.” Burrows v. City of Keene, 121 N.H. 590, 598 (1981) (quotation omitted).

“[Arbitrary or unreasonable restrictions which substantially deprive the owner of the economically viable use of his land in order to benefit the public in some way constitutes a taking within the meaning of our New Hampshire Constitution requiring the payment of just compensation.” Burrows v. City of Keene, 121 N.H. 590, 598 (1981) (quotation omitted).

Burrows v. City of Keene, 121 N.H. 590, 598 (1981).

I, art. 12; Burrows v. City of Keene, 121 N.H. 590, 596 (1981).

Specifically, the town argues that the trial court erred in relying on Burrows v. City of Keene, 121 N.H. 590, 601 (1981), to award attorney’s fees.

We have held that “arbitrary or unreasonable [zoning ordinance] restrictions which substantially deprive the owner of the economically viable use of his land in order to benefit the public in some way constitute a taking within the meaning of our New Hampshire Constitution requiring the payment of just compensation.” Burrows v. City of Keene, 121 N.H. 590, 598 (1981) (quotation omitted).

.” Burrows v. City of Keene, 121 N.H. 590, 598 (1981) (quotation omitted).

Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1014-19 (1992); Burrows v. City of Keene, 121 N.H. 590, 596-98 (1981).

Burrows v. City of Keene, 121 N.H. 590, 596, 432 A.2d 15, 18 (1981).

“[Ajrbitrary or unreasonable restrictions which substantially deprive the owner of the economically viable use of his [or her] land in order to benefit the public in some way constitute a taking within the meaning of our New Hampshire Constitution requiring the payment of just compensation.” Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 20 (1981) (quotation omitted).

“The same principle was embodied in the Fifth Amendment to the Constitution of the United States at the insistence of a majority of the States, including New Hampshire, in ratifying the Constitution.” Burrows v. City of Keene, 121 N.H. 590, 596, 432 A.2d 15, 18 (1981).

“[A]rbitrary or unreasonable restrictions which substantially deprive the owner of the economically viable use of his [or her] land in order to benefit the public in some way constitute a taking.” Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 20 (1981) (quotation omitted).

“Reasonable regulations that prevent an owner from using his [or her] land in such a way that it causes injury to others or deprives them of the reasonable use of their land may not require compensation.” Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 19 (1981).

Burrows v. City of Keene, 121 N.H. 590, 597, 432 A.2d 15, 19 (1981).

Our prior cases recognizing that zoning regulation can effect a compensable taking under part I, article 12, starting with Burrows v. City of Keene, 121 N.H. 590, 432 A.2d 15 (1981), impose no such requirement, and while we do not mean here to foreclose the city from arguing that such an exhaustion rule should be imposed on a Burrows plaintiff, we will need a more developed record than this case now presents, as well as reason to believe that the issue need be reached, before

.” Funtown, 127 N.H. at 318, 499 A.2d at 1341 (quoting Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 20 (1981)).

Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 19-20 (1981).

They argue that the requested enforcement of the ordinance would violate State Constitutional norms under the holdings of Burrows v. City of Keene, 121 N.H. 590, 432 A.2d 15 (1981), L. Grossman & Sons, Inc. v. Town of Gilford, 118 N.H. 480, 387 A.2d 1178 (1978), and Metzger v. Town of Brentwood, 117 N.H. 497, 374 A.2d 954 (1977).

They argue that the delay in extending town roads and other utilities to this property has resulted in lower values than their properties would otherwise have enjoyed, and on this reasoning they claim to be entitled to compensation under principles summarized in Burrows v. City of Keene, 121 N.H. 590, 432 A.2d 15 (1981).

Burrows v. City of Keene, 121 N.H. 590, 596, 432 A.2d 15, 18-19 (1981).

Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 19-20 (1981).

The Claridges argue that Sibson was an anomaly which either was overruled by Burrows v. City of Keene, 121 N.H. 590, 432 A.2d 15 (1981) or should today be overruled.

The plaintiff argues that under Burrows v. City of Keene, 121 N.H. 590, 601, 432 A.2d 15, 22 (1981), a plaintiff who is compelled to bear the financial burden of protecting his clearly established property right from an unconstitutional abuse of power is entitled to attorney’s fees and double costs.

Burrows v. City of Keene, 121 N.H. 590, 599, 432 A.2d 15, 20 (1981).

Our own constitution provides that ‘no part of a man’s property shall be taken from him, or applied to public uses, without his consent....’” Burrows v. City of Keene, 121 N.H. 590, 595-96, 432 A.2d 15, 18 (1981).

Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 19 (1981); Sibson v. State, 115 N.H. 124, 130, 336 A.2d 239, 243 (1975), overruled in part, 121 N.H. 590, 601, 432 A.2d 15, 21 (1981).

.” Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 20 (1981).

Burrows v. City of Keene, 121 N.H. 590, 598, 432 A.2d 15, 20 (1981).

Burrows v. City of Keene, 121 N.H. 590, 595, 432 A.2d 15, 18 (1981); see Berlinguette v. Stanton, 120 N.H. 760, 762, 423 A.2d 289, 290 (1980).