Chapter 15: takings Flashcards
1
Q
Taking clause of the 5th Amedment
A
the government can only exercise this power when they provide just compensation to the property owner.
2
Q
Eminent Domain
A
Government taking private property and converting it into public use.
3
Q
What constitutes pubic use?
A
General benefits a community would enjoy from furthering economic development is sufficient to satisfy “public use”
4
Q
Physical takings
A
occurs when the government seizes possession of property or makes a permanent physical invasion of the property
5
Q
Permanent physical takings (Per se)
A
on its face taking. Scale of invasion does not matter
6
Q
Temporary physical invasion
A
When government appropriated private property for use during a short period. (example: during a war + its compensational)
7
Q
Temporary taking
A
8
Q
A
