Takings

Question 1

Takings definition

Answer 1

5th amendment just compensation clause says private property shall not be taken for public use without just compensation

Question 2

Eminent Domain

Answer 2

is the governments inherent authority to take private property, can delegate that power to local entities

Question 3

Legals questions re: takings

Answer 3

1) What is a taking
2) what is public use?
3) how much is just compensation?

Question 4

Gov Restrictions to taking:

Answer 4

1) Gov cant transfer land from 1 private landowner to another
2) Gov cant take private property under mere pretext of public purpose
3) Gov can usually take private property to build a public facility or private business that is 100% open to the public i.e. Railroad

Question 5

Kelo

Answer 5

Defined public use as public purpose.

2) Public officials have great deference on what land use will be best for public purposes. legitimate governmental goals include economic, spiritual, aesthetic, physical, and monetary.

Question 6

Kelo factors

Answer 6

5 factors

Question 7

After Kelo

Answer 7

state legislatures moved to strengthen takings law within their own states to prevent takings for private development projects.

Question 8

Last factor for taking

Answer 8

Any permanent physical occupation authorized by the gov, however minor, is a per se taking;

temporary invasions are not takings.