Taking Flashcards
Taking
Fifth Amendment, applied to states through 14th Amendment, states that government shall not take private property for public use WITHOUT just compensation
* Taking must be for public use
* State must pay just compensation for it
Physical Appropriation: When gov physically appropriates property, it’ll almost always be a taking
* Can be only part of property (or even very small space)
* Gov must pay just compensation
Regulatory Taking: When regulation affects value or use of property
* Property owner can bring inverse condemnation action to obtain just compensation
* If regulation deprived owner of ALL economic value of property, it is a physical appropriation and government MUST pay just compensation.
* If regulation (a) merely decreased value of property and (b) left an economically viable use of the property, it is NOT A TAKING.
“Economically viable use”: court looks at economic impact of regulation and if it substantially interferes with distinct investment-backed expectations of property owner
