Eminent Domain and Other Constitutional Protections Flashcards
Takings Clause
5th amendment prohibits the gov. from taking property for public use without just compensation.
a regulation will constitute a taking if
1) amounts to physical appropriation 2) denies an owner to all economic use
inverse condemnation
when the gov. acts in a manner that effectively deprives the owner of property - raises a cause of action for property owner
contracts clause
prohibits states from retroactively impairing obligations of a contract
when can a contract restriction be valid
valid only if 1) it serves an important and legit public interest AND 2) it is reasonable and narrowly tailored
bills of attainder
constitution prohibits bills which are fed or state laws that punish without a trial past or future conduct specifically named individuals or ascertainable groups
ex post facto
fed. or state criminal laws that make illegal an act that was legal when commited 2) increases penalties or punishments after commited 3) changes rules of evidence to make a conviction of a crime easier
priv. and immunities clause of art 4
prohibits states from discrimination against non-resident out of staters with respect to important economic interest
when can state discriminate against out of staters under at 4
substantial justification and there are no less restrictive means to solve the problem