Constitutional Concepts

Question 1

Per Se Taking

Answer 1

The regulation amounts to a permanent physical invasion of private property.

Question 2

Taking

Answer 2

The regulation deprives a property owner of all economically beneficial uses of her property.

Question 3

Procedural Due Process

Answer 3

Notice and an opportunity to be heard in a fundamentally fair hearing by an impartial tribunal.

Question 4

Substantive Due Process

Answer 4

Rational relationship to a legitimate government purpose.

“Legitimate Government Purpose” - Protection of health, safety, welfare, morals, property values, quiet enjoyment…

i.e. Village of Belle Terre v. Boraas

Question 5

Equal Protection

Answer 5

Treating those that are similarly situated the same, or making distinctions only on legitimate grounds.

Distinctions based on “fundamental rights” or “protected class” status are unconstitutional unless compelling reason exists - usually fail.

Eubank v. City of Richmond (1912)
Moore v. City of East Cleveland (1977)

Question 6

Presumption of Validity

Answer 6

Legislative actions are presumed valid and constitutional and the burden is on the person challenging the action to prove otherwise.

Munn v. Illinois (1876)
Lionshead Lake, Inc. v. Township of Wayne (1952)

Question 7

Police Power

Answer 7

Sovereign Power of the state to regulate and control private behavior in order to protect and promote greater public welfare.

Question 8

Dillon’s Rule

Answer 8

Police power must be delegated by state to counties and municipalities.