Fifth Amendment Flashcards
In the United States v. Gettysburg Electric Railway Company, the court ruled that acquisition of a national battlefield at Gettysburg served a ________________?
valid public purpose
United States v. Gettysburg Electric Railway Company was the first significant case dealing with what?
Historic Preservation
In Pennsylvania Coal Co. v. Mahon, the court found that if regulation goes too far it is considered a ______________.
considered a takings.
Pennsylvania Coal Co. v Mahon was the first significant case dealing in what kind of ruling?
takings under the 5th amendment
In Berman v. Parker, the court found that _____________ is a valid public purpose.
Urban renewal
In Fred French Investing co v. City of NY, the court found that the city could not regulate the placement of public parks on what kind of property?
Private property - it leaves no income producing use of the property
In Penn Central Transportation v. The City of NY, the court found that the NYC landmark preservation law applied to Grand Central Terminal and it did not constitute as a __________?
takings
In Agins v City of Tiburon, the case argued against the city’s right to zone property at low-density. Did the court rule this as a takings or not?
It was not a takings
In Loretto v. Teleprompter Manhattan CATV Corporation, the government authorizing permanent physical occupation of private property is a ____________?
taking that requires just compensation
In First English Evangelical Luther Church of Glendale v. County of Los Angeles; the court found that if a property is unusable for a period of time then _____________?
Ordinances can be set aside and the property owner can subject the government to pay for damages.
In Keystone Bituminous Coal Association v. DeBenedictis, the court found regulations on coal mining to protect the public interest is ___________?
Justified and is not a takings.
In FCC v. Florida Power Corporation, the court found that the FCC can regulate rents charged by utilities to cable TV operators for the use of utility poles. What this a takings?
No
In Nolan V. California Coast Commission the court found that interest in maintaining a continuous strip of publicly accessible beach along the coast, serves legitimate interest but California must provide what to beachfront property owners for the public use of their land?
Just compensation
In Lucas v. South Carolina Coastal Council, the court found that if there is a total reduction in value after a regulation has taken place then what has a occurred?
A takings
In Dolan v. Tigard; the court overturned an exaction that required dedication of a portion of floodplain to create a greenway and bicycle path by a commercial business that wanted to expand. The court determined that there was not enough ___________? What kind of test was create from this case?
Connection between the requirement and development. A rough proportionality test was created.
What is a rough proportionality test and which case is it relevant to?
It was created in Dolan v. Tigard and the test upholds that an exaction is legitimate only if the public benefit from the exaction is roughly proportional to the burden imposed on the public by allowing the proposed land use.
In Suitum v. Tahoe Regional Planning Agency, the court ruled that a property owner does not have to attempt to sell their _______________ before filing a regulatory takings suit.
Developmental rights
In City of Monterey v. Del Monte Dunes at Monterey Ltd, the court found that repeated denials of permits does what?
deprives the owner of all economically viable use of the land
In Palazzolo v. Rhode Island, the court found that acquisition of title to a property after an effective date of regulations does not _____________?
bar a regulatory takings claim
In Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency et al, the court found that a moratoria is not ______________?
a taking requiring compensation
In Lingle v. Chevron USA, Inc., the court found that the takings clause challenges had to based on what?
the severity of the burden that the regulation imposed and not the effectiveness of the regulation in furthering the government’s interest.
In City of Rancho Palos Verdes v. Abrams, the court ruled that a licensed radio operator that was denied a conditional use permit for an antenna could not seek damages as it would distort which act?
the Telecommunications Act of 1996
In Kelo v. City of New London, the court ruled economic development, even if it involves taking land for private development is a _____________?
A valid use of eminent domain
In Stop the Beach Renourishment Inc v. Florida Dept. of Environmental Protection, the court ruled that submerged lands that would be filled by the state for beach reclamation did what?
Not constitute a taking of property without just compensation
In Kootz v. St. John’s River Water Management, the court questioned where government is liable for a takings when it denies a permit until a landowner agrees to dedicate land for public use. In this case, the court decided?
It was a takings as there is no specific regulation requiring dedication and mitigation work.
