Takings

Question 1

Takings analysis

Answer 1

1. property
2. taking
3. exception
4. public use
5. just compensation?

PTE-PJ

Question 2

Takings Clause

Answer 2

1. 5/14a prohibits gov’t taking of
2. Private property; for
3. Public use
4. without Just comepsation
5. physical, regulatory total, regulatory partial, per se, conditional.

Question 3

Taking exceptions

Answer 3

1. Nuisance
2. Health and safety
3. Civil forfeiture

Question 4

Physical takings

Answer 4

1. gov’t takes possession or occupies
2. broadly interpreted: real, personal, intangible, intellectual.

Question 5

Total regulatory taking

Answer 5

1. No reasonable, economicall-viable use of property; after
2. Gov’t imposes restrictions on use of property.

Question 6

Partial regulatory taking

Answer 6

ZIPEIN
1. Zoning and regulation not a taking;
2. Depends on degree of gov’t Interference;
3. Penn Central balancing test;
4. Economic impact
5. Interference with distinct investment backed expectations;
6. Nature and justification for interference.

Question 7

Per se taking

Answer 7

1. presumed to be a taking, move to just compensation analysis;
2. physical and total regulatory
3. if not, more analysis to determine type.

Question 8

Conditional taking

Answer 8

GEREP

1. Gov’t imposes conditions on use;
2. Exactions (unconstitutional condition);
3. Reasonable restrictions permitted;
4. Essential nexus between condition and legitimate state interest;
5. Condition roughly Proportional in nature and extent to proposed development.

Question 9

Public use

Answer 9

1. Gov’t exercise of eminent domain;
2. Valid so long as meets Rational Basis (RBR)

Question 10

Just compensation

Answer 10

1. Owner’s loss, not taker’s gain, make whole;
2. FMV unless manifest injustice or difficult to find.