Takings (5A)

Question 1

What is a constitutional 5A taking?

Answer 1

1. taking of private property [if public ==> na]
2. For public use
   [if no (private use) ==> unconst]
3. Did govt provide just compensation
   [if no ==> unconst]

Generally, a governmental regulation that adversely affects a person’s property interest is not a taking.

public use = rationally related to govt purpose
think ==> can property still be used or sold?

Question 2

Damages for taking

Answer 2

Just compensation (fair market value)

Question 3

Zoning

Answer 3

State and municipal zoning laws survive challenges under the Takings Clause** as long as the government has a legitimate interest, which includes aesthetic and environmental concerns, and does not deny the property owner the economically viable use **of his property.