Takings Clause

Question 1

Takings Clause

Answer 1

• private property shall not be taken for public use without just compensation.
• also applies to the states through the Due Process Clause of the Fourteenth Amendment.

Question 2

How can a taking occur?

Answer 2

1. direct government appropriation;
2. a regulatory taking;
3. temporary restrictions; or
4. conditional permits.

Question 3

Public use requirement

Answer 3

Govt has the power to take private property if it will be used for public use = will benefit the public

Question 4

When is a land-use regulation a taking?

Answer 4

When it denies an owener all reasonable, economical beneficial use of her land

(Any permanent, physical invasion, no matter how minor)

Question 5

What type of property does a Taking include?

Answer 5

• Includes real property and tangible/intangible personal property
• Interests include fee simple, easement, leasehold, lien, and rights of property owner

Question 6

How is an exaction of promises from developer an exception to a taking?

Answer 6

• Does not violate the Takings Clause if there is o Essential nexus between legitimate state interests and conditions imposed on the property owner, and
  
  • Rough proportionality between burden imposed on property owner and impact of proposed development

Question 7

How is a taking compensated for?

Answer 7

• Fair market value at time of taking measured in terms of loss to the owner (not benefit to government)