Takings (5th Amendment)

Question 1

Takings Clause

Answer 1

Govt. MAY take private property for public use if it provides just compensation.
− Public use = there is a reasonable belief that it will benefit the public.
− Just compensation = fair market value at the time of the taking.

Question 2

Possessory (Per Se) Taking

Answer 2

Govt. physically occupies the property (even if it’s just a small portion).

Question 3

Regulatory Taking

Answer 3

Property becomes economically unviable due to a regulation.

(1) economic impact of regulation on claimant;
(2) extent of interference with the investment-backed expectations; and
(3) character of regulation.

*Sup. Ct. has upheld zoning laws when the govt. reasonably concluded that the health, safety, morals, or general welfare would be promoted.

Question 4

Conditions on Approval of Permits → DO NOT constitute a taking if:

Answer 4

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.