Constitutional Limitations

Question 1

Eminent Domain

Answer 1

the intentional seeking of title to a property, not specified in the constitution.

Question 1

Eminent Domain- Just compensation requirement

Answer 1

the owner is entitled to the property’s fair market value
a. comparable sales
b. expert analysis
c. personal value

Question 2

Eminent Domain- Public use limitation

Answer 2

the taking must be for a public use.
b. can be transferred to a private individual if it’s open for public use (post office, subway)
c. if the legislative body could articulate a legitimate governmental goal furthered by taking the property, it will pass muster.
d. a taking should be upheld as consistent with the public use clause as long as it’s rationally related to a conceivable public purpose.
- Promoting economic development or rational basis review.

Question 3

Regulatory Takings

Answer 3

Governments not seeking title but putting a physical barrier on a property.
There is no government intent to take the property
a. Government claim- no taking, no need for just compensation
b. Owner claim- taking, should receive just compensation.

Question 4

Penn Central Balancing Test

Answer 4

There is a need to protect private property from destruction by government regulation (fairness, economic efficiency, personhood).
b. Governments must be able to regulate to protect the public health and safety, to promote public welfare.

Question 5

Factors to weigh in a Regulatory Taking

Answer 5

a. economic impact of the regulation on the claimant (loss of value to the property)
b. extent to which the regulation interfered with distinct investment-backed expectations
c. character of the governmental action(extent the government regulation is physically intruding on the property)- MORE intrusion=more likely to be a regulatory taking.

Question 6

Takings Clause Framework

Answer 6

a. Per se (categorical) takings
b. Land use decisions, extractions
c. Regulatory takings: Penn central balancing test factors.