Taking

Question 0

Regulation

Answer 0

If regulation goes too far there is a taking

Question 1

What is permanent physical occupation.

Answer 1

A taking is a permanent physical occupation authorized by government without regard to public interest that it serves. Loretto

Question 2

Temporary invasion

Answer 2

If temporary invasion must balance economic interference when measured with existing use of one’s property with whether the regulation interferes with any investment backed expectation. Loretto

Question 3

Nuisance

Answer 3

There is no taking when the regulation seeks to control a nuisance Haddacheck

Question 4

Rules from Loretto v. Telephone manhattan catv corp

Cable wires hanging down the side of the building in New York

Answer 4

A permanent physical occupation is a taking
A taking may or May not occur when there is a temporary invasion
Requires balancing test – community benefit v. Impact on property owner
No taking - if no economic interference with existing use of one’s land and no interference with investment backed expectations

Question 5

Rules from Haddacheck v. Sebastian. Brick maker

Answer 5

There is no taking when the regulation is to control a nuisance

Question 6

Rule for Pennsylvania coal co v. Mahon – mining beneath property, coal co had bought the rights — was a taking

Answer 6

A taking occurs when regulation of the property has gone too far.
Too far can be measured by diminution of value test:
1. Loss of value of land or
2. Loss of income from land

Question 7

Rule for Penn Central Transportation v. City of New York – The owner wanted to build above Penn Station but for historical purposes it was denied

Answer 7

Factors test was developed:

1. Economic impact on the regulation of the landowner
2. Extent to which the regulation has interfered with distinct investment backed expectations
3. Character of the governmental action
4. Whether the interference with the property can be recognized as physical invasion by the government

Question 8

Rule for Lucas v. South Carolina Coastal Council – beachfront property and Lucas could not build anything on the property

Answer 8

A taking occurred when the landowner is denied ALL beneficial productive use of the land, unless:

i. the regulation is to control a nuisance or
ii. where there is a property law that justifies the taking of the land

Question 9

What is the 5th Amendment?

Answer 9

Private Property shall not be taken, for public use, without just compensation