Emminent domain

Question 1

Eminent domain

Answer 1

the right of a government or its agent to expropriate private property for public use, with payment of compensation.

Question 2

5th amendment

Answer 2

nor shall private property be taken for public use without just compensation

Question 3

Public Use

Answer 3

Supreme Ct. interpreted public use to include public purpose
many forms may be taken:
1. public has to own and use it
2. public has access to it ( common carrier)
3. Public Property (City Hall)
4. Public Benefit to the economy

Question 4

Kelo Test

Answer 4

1. that the takings of the particular properties at issues were reasonably necessary to achieve the intended public use
2. takings were fo reasonably foreseeable needs

Question 5

when wont an economic taking be ok

Answer 5

• purely private transfer from A to B
• Evidence that public purpose is “mere pretext”
• Taking is not reasonably necessary

Question 6

Just Compensation Clause

Answer 6

just compensation is usually market value. it is not the value the owner place in the property

Question 7

when does a taking occur?

Answer 7

1. physical invasion of property
2. actual condemnation of property
3. if government action works a permanent physical invasion

Question 8

Pennsylvania Coal case

Answer 8

while property may be regulated to a certain extent, if a regulation goes too far it will be considered a taking.

Question 9

Penn central Transportation Case

Answer 9

1. only look at parcel as a whole
2. no taking because law still allowed P to get reasonable return on property
3. no interference with an investment-backed expectations
4. TRD are not just compensation but they factor in on the reasonableness

Question 10

Regulatory Taking Test

Answer 10

1. economic impact of the regulation on the claimant
2. interference with investment-backed expectations
3. character of the government action