Property Right Guarantees

Question 1

Takings Clause

Answer 1

Federal Government (5th) State (14th) cannot take private property for public use without just compensation

Question 2

Possessory Taking

Answer 2

Government confiscated, destroys or permanently physically occupies.

Exception: Public Emergency, governmental can possess without paying compensation in cases of serious public safety or health emergencies.

Question 3

Regulatory Taking: Denial of All Economic Value

Answer 3

Governmental regulation leaves no reasonable economic viable use of the property.

Question 4

Regulatory Taking: Decreasing Economic Value

Answer 4

Court will employ balancing test: impact of regulation on the claimant and whether regulation substantially interferes with dinstinct, investment backed exceptions of claimant.

Question 5

Just Compensation

Answer 5

Must pay FMV at time of taking OR Reasonable damages for while regulation was in effect

Question 6

Contract Clause

Answer 6

State and Local government regulation CANNOT substantially interferes with obligation of EXISTING contracts

Question 7

Private Existing Contracts

Answer 7

Reviewed under intermediate level scrutiny

Question 8

Public Existing Contracts

Answer 8

Reviewed under strict level scrutiny.