Eminent Domain and Other Constitutional Protections Flashcards

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1
Q

Takings Clause

A

5th amendment prohibits the gov. from taking property for public use without just compensation.

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2
Q

a regulation will constitute a taking if

A

1) amounts to physical appropriation 2) denies an owner to all economic use

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3
Q

inverse condemnation

A

when the gov. acts in a manner that effectively deprives the owner of property - raises a cause of action for property owner

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4
Q

contracts clause

A

prohibits states from retroactively impairing obligations of a contract

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5
Q

when can a contract restriction be valid

A

valid only if 1) it serves an important and legit public interest AND 2) it is reasonable and narrowly tailored

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6
Q

bills of attainder

A

constitution prohibits bills which are fed or state laws that punish without a trial past or future conduct specifically named individuals or ascertainable groups

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7
Q

ex post facto

A

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

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8
Q

priv. and immunities clause of art 4

A

prohibits states from discrimination against non-resident out of staters with respect to important economic interest

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9
Q

when can state discriminate against out of staters under at 4

A

substantial justification and there are no less restrictive means to solve the problem

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