eminent domain

Question 1

eminent domain def

Answer 1

the power of gvt to force transfers of property to itself

Question 2

em domain process

Answer 2

ask, then file petition in ct to give notce, trial.

Question 3

New Londo

Answer 3

“comprehensive development plan” that had been subjected to “thorough deliberation” . taking was rationally related to a conceivable public purpose.

Question 4

ends test

Answer 4

o If the ends are sufficiently public, the test is passed. If the public fits within broad view there no real test at all

Question 5

• Public use in general

Answer 5

1)advantage or benefit to the public (broad view - dominated by courts), 2)actual use or right to use of condemned property by the public (narrow view).

Question 6

means

Answer 6

o Idea here is to ask whether the power of eminent domain is really necessary to accomplish what the gvt has in mind.

Question 7

Kelo

Answer 7

o Kelo employed an ends test, but in a deferntial manner - affording legislature broad latitude in determining what public needs justify the use of the takings power.

Question 8

Per se/ categorical taking

Answer 8

permanent physical ocuppation(loretto) - total loss of value

Question 9

Hadacheck

Answer 9

if the state is regulating a nuisance, it’s not a taking.

Question 10

PA coal

Answer 10

measuring and balancing approach - If the reg goes “too far” its a taking under 5th and 14th. Went too far bc it destroyed the economic viability of PA’s coal property. diminution-in-value test. - ambiguous bc how much of a loss is too much?

Question 11

recip of advantage

Answer 11

if you’re getting some advantages, then not taking too much. suggests that a regulation must bestow some public benefits. synonym: adjusting benefits and burdens

Question 12

PEnn Central

Answer 12

(1) the economic impact of the regulation on the land owner (economic loss, reasonable uses), (2) the extent to which the regulation has interfered with distinct investment-backed expectations, (3) character of the government action, purpose (recip of adv, nuisance)

Question 13

TDRs

Answer 13

used in this case an elsewhere to effect the question of how much was taken and if there;s just compensation

Question 14

Lucas v. SC coastal council

Answer 14

total taking- If the regulation deprives land of ALL economically beneficial uses, it is a taking unless the prohibited uses are common law nuisances

Question 15

when is reg not a taking

Answer 15

1)public benefits from the reg must outweigh the private costs of the reg, 2)reg must not be arbitrary, 3) prop owner must earn a reasonable return on investment.

Question 16

taking unrelated

Answer 16

“rough proportionality” best encapsulates what we hold to be the requirement of the Fifth Amendment. No precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication **2320 is related both in nature and extent to the impact of the proposed development. the “essential nexus” exists between the “legitimate state interest” and the permit condition exacted by the city

Question 17

Inverse condemnation

Answer 17

• Occurs when a landowner claims the government has physically occupied or taken some property right from the landowner without compensation and without initiating the condemnation process, or has regulated the property in such a way that the government has constructively taken the property.