Takings Clause

Question 1

What is the 5th A Takings Clause?

Answer 1

The government cannot take private property for public use without just compensation

Question 2

What is public use for the purposes of the Takings Clause?

Answer 2

Public use is a public purpose

Question 3

What are the types of takings?

Answer 3

1. direct government appropriation
2. regulatory taking
3. conditional permits

Question 4

What are direct government appropriations?

Answer 4

Where government actually takes property

Question 5

What is a regulatory taking?

Answer 5

Where government doesn’t take property but imposes a regulatory requirement that is so onerous as to effectively amount to a taking of land

Question 6

What are the categories of regulatory takings?

Answer 6

1. the regulation requires the property owner to suffer some permanent physical invasion
2. the regulation deprives the property owner of all economically beneficial use to the property
3. temporary restrictions that do not permanently deprive the owner of all economically beneficial uses of land

Question 7

How do courts assess whether temporary restrictions amount to regulatory takings?

Answer 7

A court looks at both the dimmensions of a property interest in the term of years

Question 8

How are regulations affecting property assessed regarding their nature as a taking?

Answer 8

Courts balance the economic versus physical impact of the regulation on the property owner, as well as the duration and character of the government action

Question 9

What is a conditional permit?

Answer 9

A condition on the grant of a permit for land development

Question 10

When are conditional permits permissible?

Answer 10

1. There is a logical nexus between the condition and the governmental purpose
2. there is rough proportionality between the impact on the proposed development and the governmental objectives served by the condition