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.