Eminent Domain

Question 1

When does a taking occur?

Answer 1

When gov’t exercises the eminent domain power to take private property

Question 2

Taking Clause

Answer 2

Fifth Amendment, applicable to the states through the 14th Amendment

Gov’t may not take private property for public use without just compensation

Question 3

When does per se taking occur?

Answer 3

When gov’t action results in permanent physical occupation of private property

Question 4

Just compensation requirement

Answer 4

Compensation = fair market value

Question 5

Balancing Test for deteriming when gov’t action goes too far

Answer 5

Court considers:

• the economic impact of the regulation on the property,
• the extent to which the regulation interferes with distinct investment-backed expectations,
• and the character of the governmental action