Procedural DP Flashcards
1
Q
What parts of the Constitution does the federal and state DP come from?
A
5th A= federal
14th A = state
2
Q
What is procedural DP?
A
Right to a fair process before the government deprives you if life, liberty, or property
3
Q
Define deprivation, liberty, and property.
A
Deprivation must be by gov.
Liberty = physical or Constitutional
Prop= personal, real, entitlement to
4
Q
What is needed for “process”?
A
Notice
Opportunity to be heard
Neutral decision maker
5
Q
Requirements of a Taking
A
- Just compensation (fair market value)
- For public purpose (health, safety, welfare)
- Actual or physical
*Denial of all Econ value = taking
Decrease in Econ value is not a taking
*Any physical permanent occupation of private prop by gov = taking even if prop small/unused
*Can also be when state forces private individual to use property for specific purpose
