Takings

Question 1

Penn Coal

Answer 1

property may be regulated, if regulation goes too far it will become a taking (regulatory takings doctrine) - to make it commercially impracticable to mine coal has same effect for constitutional purpose as appropriating or destroying it; act therefore cannot be sustained as exercise of police power – requires compensation

Question 2

Miller

Answer 2

when forced to such a choice the state does not exceed its constitutional powers by deciding upon the destruction of one class of property in order to save another which in the judgment of the legislature has greater value to the public

Question 3

Penn Central

Answer 3

deprived of property’s most profitable use, but this does not establish that they have been unconstitutionally deprived of their property - takings hell

Question 4

Loretto

Answer 4

minor but permanent physical occupation of property authorized by government constitutes a taking requiring just compensation - permanent physical occupation of another’s property is a taking regardless of degree of economic harm caused

Question 5

Lucas

Answer 5

if regulation requires sacrificing all economically beneficial uses, there has been a taking unless the affected use would have be unlawful anyway under the common law of nuisance

Question 6

Kelo

Answer 6

state cannot take land from one private property owner and give it to another private property owner – the taking needs to effectuate a public use; one we see that the gov’t has a legitimate objective, we will defer to the legislature’s judgment (no basis for excluding economic development from traditionally broad understanding of public purpose)
 Requiring reasonable certainty that such public benefits would actually accrue would be too much of a departure from precedent
 Gov’t compensated them justly – does not have to consider sentimental value or relocation costs when compensating landowners

Question 7

Dolan

Answer 7

1) does essential nexus exist between legitimate state interest and permit condition exacted by city, 2) if nexus exists, decide required degree of connection

Question 8

Stop the Beach

Answer 8

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