Individual Rights- Economic Liberties/The Takings Clause

Question 1

What test is applied when there is a law affecting economic rights? State the test.

Answer 1

The rational basis test.
A law will be upheld if it is rationally related to a legitimate government purpose. The challenger has the burden of proof.

Question 2

What does the takings clause say?

Answer 2

The government may take private property for public

use if it provides just compensation.

Question 3

What is the first question you ask in a takings clause question?

Answer 3

Is there a taking?

Question 4

What is a possessory taking?

Answer 4

Government confiscation or physical occupation of property is a taking.

Question 5

What is a regulatory taking?

Answer 5

taking—Government regulation is a taking if it leaves no reasonable economically viable use of the property.

Question 6

What must be true of government conditions on development of property in order for it not to be a taking?

Answer 6

Government conditions on development of property must be justified by a benefit that is roughly proportionate to the burden imposed; otherwise it is a taking

Question 7

Can a property owner bring a takings challenge to regulations that existed at the time the property was acquired?

Answer 7

Yes

Question 8

Is temporarily denying an owner use of property a taking if the governments action is reasonable?

Answer 8

No. Temporarily denying an owner use of property is not a taking so long as the government’s action is reasonable.

Question 9

What constitutes public use?

Answer 9

Taking is for public use so long as the gov. acts under a reasonable belief that the taking is for government use.

Question 10

How do you measure just compensation?

Answer 10

Measured in terms of loss to the owner in reasonable market value at time it is taken.

Question 11

If a city requires buildings to make space for a small cable box is it a taking?

Answer 11

Yes

Question 12

If a city does not allow you to build above a certain height thereby reducing the value of the property is it considered a taking?

Answer 12

No, Although gov decreases the value of the property, they could still use property for other economic use..

Question 13

What if the government does not allow you to put anything on your land after you have bought it?

Answer 13

If you stop all development, there is a regulatory taking.

Question 14

If the government halts development on land for an environmental study for 6 months is there a taking? Does the government have to provide compensation? Why or why not?

Answer 14

No. There has not been a taking. Gov does not have to provide compensation if it is temporary and the benefit is reasonable.

Question 15

What is the progression of a takings clause question?

Answer 15

1. State “Government may take private property for public use if it pays just compensation”
2. Ask, “is there is a taking?” includes the following two questions:
   -Is there a government confiscation or physical occupation of property?
   -Does the government’s regulation leave no reasonable economically viable use of the
   property?
   —->If NO to both questions, there is no taking and NO government compensation is required
   —–>If YES to either question there is a taking
3. Is it for public use? Does the government act
   out of a reasonable belief that its action will benefit the public?
   If NO Government must return the property
   If YES Government must give just compensation.