Eminent Domain and Takings

Question 1

Eminent Domain

Answer 1

• Eminent domain allows for the governmental seizure of private
  property without a property owner’s consent.
• The power stems from the Takings Clause of the Fifth Amendment
  of the Constitution – “nor shall private property be taken for public
  use, without just compensation

Question 2

Limitations to Eminent Domain

Answer 2

public use and just compensation

Question 3

What is public use

Answer 3

Public use justifying an act of eminent domain has always included the
construction of roads, schools, military installations, and public buildings.

Rational Basis Test

Question 4

Kelo v City of New London (public use)

Answer 4

Test- Where the exercise of the eminent domain power is rationally related to a conceivable public purpose, the Public Use Clause allows it. The Kelo modification to this test is that rationally related can mean directly related or indirectly related.

Holding: State statute authorizing the use of eminent domain was passed to promote economic development. City’s purpose of invoking it was to promote economic development. Exercise of power was rationally related to that purpose. Therefore, it fell within the
Public Use Clause.

Question 5

Physical Takings

Answer 5

Government seizure of land or property for a public purpose

Question 6

Mugler v Kansas Regulatory Takings

Answer 6

Regulatory takings- When a government regulation restricts an owner’s rights so much that it becomes the functional equivalent of a seizure.

a state statute prohibited alcohol manufacture, the statute was not a taking because the owner was not entitled to inflict injury upon the public by a “noxious use” of the property (think health, morals, or safety of the community).

Question 7

Penn Central Transportation (multi factor test)

Answer 7

Todays three categorical test:
- Authorizes a permanent physical occupation of land.
* Adopts a regulation that causes the loss of all economically beneficial or productive use of land, unless justified by background principles of property or nuisance law; or
* Demands an exaction that has no essential nexus to a legitimate state interest or lacks rough proportionality to the impacts of the particular project.

Question 8

Cedar Point Nursery v Hassid (taking even if temporary?)

Answer 8

Facts:
California’s Agricultural Labor Relations Board (the board) (defendant) passed a regulation granting labor organizations the right to access an agricultural employer’s property to meet with workers. Under the regulation, if a labor organization provided advance notice, it was allowed to access private agricultural property for four 30-day periods per year.

Holding:
- Physical appropriation is a taking whether it is permanent or temporary.
* Size/duration – bears only on the amount of compensation.
* Limited and intermittent access for a narrow purpose does not transform a
taking into a use restriction.