contracts/ takings clauses Flashcards
when may zoning ordinances be a “taking” under takings clause?
in general, zoning ordinances are considered reasonable land use regulations. zone is only a taking when “it denies the property holder of all reasonable economic uses of the property, such that the zoning regulation amounts to an inverse condemnation of the land by the government authority”
what is the test for a contracts clause violation
- legislation in question must specifically direct itself to contractual obligations and constitute direct interference with a term of the contract
explain the supremecy clause
basically federal powers/ laws have supremecy over state laws. state law can be preempted under supremecy clauses.
*generally a state statute is preempted by virtue of the supremecy clause when it actually conflicts with a federal law (it is impossible to comply with both)
if a state gives compensation for land, is there a takings clause violation
no, only if there is no just compensation.
may a regulation which indirectly affects a contract be allowed under contracts clause?
yes, an indirect affect is not prohibited
if a law directly and substantially impairs the obligations of a private contract, is it invalid under contract clause?
yes, unless it serves an important and legitimate public interest and is narrowly tailored to promote that interest.
