Property Rights Guarantees

Question 1

Takings Clause Doctrine

Answer 1

1) federal govt (5th amend)
2) and state govt (14th amend)
3) cannot take private property
4) for public use
5) without just compensation

Question 2

Possessory Takings

Answer 2

1) confiscation
2) destruction
3) permanent physical occupation

Question 3

Public Emergency Exception

Answer 3

1) govt may possess without paying compensation

2) in cases of serious public safety or health emergencies

Question 4

Regulatory Takings

Answer 4

regulation leaves no reasonable economically viable use of the property

Question 5

Limited in Time Takings

Answer 5

1) reasonable expectations of private property owner
2) govt. purpose
3) decrease in value of property
4) length of time period

Question 6

Regulations that Decrease Economic Value: Takings

Answer 6

Balancing test:

1) govt. interest
2) decrease in value of land to property owner including reasonable expectations of use

Question 7

Public Use

Answer 7

1) as long as govt’s use or taking of the private property is for any conceivable use for health, safety, or aesthetic purposes it is for public use
EXAMPLE: condemnation of property which was sold to a private developer as part of an integrated plan for revitalization of downtown waterfront was upheld

Question 8

Just compensation

Answer 8

1) FMV for property at time of taking

2) Terminate regulation and pay reasonable damages for loss of use while regulation was in effect

Question 9

Contract Clause Doctrine

Answer 9

1) State and local governmental regulations
2) cannot substantially interfere (does it attack the heart of the bargain?)
3) with the obligations of existing contracts (only those existing before regulation in place)