Takings (5A)

Question 1

takings

Answer 1

govt MAY take private property for public use if it provides just compensation
- Public use = it’s rationally related to a conceivable public purpose
- Just compensation = fair market value @ time of taking

aka emiment domain

Question 2

possessory (per se) taking

Answer 2

govt phsyically occupies the property
- even if it’s just a small portion

Question 3

regulatory taking

Answer 3

three categories:
1. depriving owner of all economically viable use
2. Penn Central taking
3. conditions on approval of permit

Question 4

depriving owner of all economically viable use

Answer 4

is a per se taking

Question 5

Penn Central taking

Answer 5

court will balnce these factors to determine if a taking:
1. economic impact of regulation on claimant,
2. extent of interfence w/ investment-backed expectations, and
3. character of regulation

Question 6

conditions on approval of a permit

Answer 6

(aka Land-use exaction)
DOES NOT constitute a taking if:
1. essential nexus between state interest and permit condition exists; AND
2. govt makes an individualized determination that the condition is roughly proportional to advancing the state interest