Takings Flashcards
What does the takings clause prohibit?
The taking of private property unless 1) public use and 2) just compensation
What is the bright-line rule for regulatory takings?
It is a taking if the regulation on use does not merely diminish property value, but leaves no economically viable use
What factors are considered in the ad-hoc analysis for regulatory takings?
1) Economic impact regulation 2) Interference w/ investment-backed expectations 3) Character of gov action
Is the condemnation of land to build a highway a taking?
Yes
Is creating a public access easement on private property a taking?
Yes
Is abolishing inheritance rights a taking?
Yes
Are zoning ordinances that prohibit the most beneficial use of property a taking?
No, if they leave an economically viable use for the property
Is ordering the destruction of diseased trees a taking?
Not per se – subject to balancing test
Are zoning ordinances that prohibit all beneficial use of property a taking?
Yes
When is a government action considered a “public use”?
If rationally related to legitimate public purpose, including authorized takings by public enterprises if they affect the public
Are landmark ordinances takings?
Not per se – subject to balancing test
How is just compensation measured?
Fair market value at time of the taking, based on loss to the owner
