Taking and Eminent Flashcards
When will the state take private property?
The state may not take private property except:
1) For a reasonably necessary public purpose that benefits the state
2) in a tangible and foreseeable way
3) With full compensation paid to the owner
What is a taking?
Appropriating private property by legal authority and devoting it public use or to otherwise deprive the owner of all beneficial enjoyment for a substantial period of time.
Is the determination of whether a taking has occurred a matter of law or a matter of fact?
It is a matter of law to be decided by the judge.
If there is a taking, who decides compensation?
The jury
What is the standard for determining compensation?
The fair market value of the property.
What is inverse condemnation?
When there has been no formal exercise of eminent domain but the state has acted to deprive a property owner of the use of her property (i.e. building an airport by the property).
True or False: A taking must substantially oust the owner from his property.
True
What are uses for public benefit?
Airports
Utilities
Hospitals
Parks
Can property taken by eminent domain be handed to an individual or corporation for private use.
No
Are other parties other than the property owner entitled to compensation?
Yes parties with a property interest such as mineral rights are also entitled to compensation for eminent domain.
What is the impact of inverse condemnation?
Property owner sues government forcing them to take title to the property.
What is sovereign immunity laws in Florida?
Constitution and statute permit waiver of sovereign immunity $200k per person and $300k for all claims from one accident.
Can a government be sued for operation function?
Yes
Can government be sued for planning function?
No
What is gov operation function?
Doing things that private companies do - operating a golf course or parking lot.
