Due Process

Question 1

When is a government action that imposes requirements on land development not a taking?

Answer 1

govt can impose requirements on land development if

1) essential nexus between the req and legi state interest
2) proportional between burden of the req and impact of the development

Question 2

Does a violation of 14th A EP equal violation of 5th DP?

Answer 2

yes

Question 3

who does procedural dp apply to?

Answer 3

All people including aliens and corporations, not just citizens

Question 4

what are examples of const protected property rights?

Answer 4

ublic education, public employment (no property interest if “at will”), benefit under state law (welfare), driver/business license

Question 5

what does fair process require? what is the test for how much process is due?

Answer 5

1. Requirements
   a. Adequate notice
   b. Adequate hearing
   (+ unbiased decision maker).

—–]

1) importance of individual interest (more important à more process needed),
2) gov’t interest/burden in efficiency (more burdensome to get protection à less process needed),
3) procedural safeguards and risk of error (more likely that gov’t will make a mistake without procedural protection à more process needed)

Question 6

can DP be waived?

Answer 6

yes if vol and know

Question 7

what are the subst dp rights?

Answer 7

contraception
abortion (no undue burden)
marriage
procreation
education
relatives/family 
death
sexual orientation
travel
obscene material
voting
free association

Question 8

what is the standard of review of takings?

Answer 8

rational basis

Question 9

what are the types of takings?

Answer 9

seizure/physical
damage/destruction
regulatory
excation of promise from developer

Question 10

for regulatory taking, must all economic use be deprived?

Answer 10

yes

Question 11

are there any exceptions to taking?

Answer 11

public peril for damage/destruction

Question 12

what are the types of regulatory taking?

Answer 12

partial
per se
total

Question 13

what is the penn central test? when does it apply?

Answer 13

a) regulation’s economic impact on the claimant
b) extent to which the regulation interferes with distinct investment- backed expectations (purpose of property?)
c) character of the government action (for welfare?) - degree to which it will benefit society, how the regulation distributes the burdens and benefits among property owners, and whether the regulation violate any of the owner’s essential attributes of property ownership

Question 14

what is the test for zoning ordinance?

Answer 14

rb

Question 15

what is a taking?

Answer 15

taking private property for public use without just compensation

Question 16

at what point is the just compensation measured?

Answer 16

at time of taking

Question 17

when can the govt exact a promise from a developer?

Answer 17

1) essential nexus between legitimate state interests and the conditions imposed on the property owner; and
rough propor b/t burden and impact of the proposed development