contracts + takings Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

contracts clause

what does the contracts clause generally prohibit

A

prohibits states from enacting laws that retroactively impair contractual rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

contracts clause

what does the clause prohibit for private contracts

A

only “substantial impairments” of contractual obligations. law may affect contractual obligations if:
1. it serves an important and legitimate public interest; and
2. it is narrowly tailored to promote that interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

contracts clause

what is the general rule as to public contracts

A

generally, state or political subdivision cannot legislate to reduce or “undo” its own contractual obligations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

contracts clause

what are the narrow exceptions for public contracts

A
  1. where the state has reserved to itself the power to revoke, alter, or amend a contract in the contract itself, a statute, or other law
  2. when the law is narrowly tailored to serve another legitimate public interest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

takings clause

what is not considered a taking

A

mere regulation of property will not be considered a taking unless it deprives the owner of essentially all viable uses of the property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

takings clause

what is a land use regulation

A

government can require a dedication of property rights to state if it shows that the dedication condition relates to a legitimate government interest and that the adverse impact of the proposed development on the area is roughly proportional to the loss caused to the property owner from the forced transfer of rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

takings clause

when is a takings clause almost always found

A

if there’s actual appropriation or destruction of a person’s property or a permanent physical invasion by the government or by authorization of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

takings clause

when can the government take private property

A
  1. taking is for public use
  2. government pays the owner just compensation or FMV of the property taken
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

takings clause

what does “public use” include

A

liberally construed; a use will be held to be public as long as it is rationally related to a legitimate public purpose (social, economic, or political ends)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

takings clause

when is a taking by a private enterprise authorized

A

as long as the taking will redound to the public advantage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

takings clause

what does just compensation typically mean

A

usually takes the form of monetary damages measured by the value of what was taken; not entitled to offset the increases in the value of the owner’s remaining property (if property owner derived some sort of benefit in the taking)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly