Takings Flashcards
Inverse condemnation: step 2: character of government action -
action must encompass (1) physical invasion (2) misuse of regulatory authority of the government OR (3) uncertainty in regulations application.
Inverse condemnation: step 4: extent which regulation interfere’s with landowners INVESTMENT-BACK EXPECTATIONS - must be …
objectively reasonable
Exaction will constitute taking unless …
(1) conditions sought to be imposed have a CLOSE CONNECTION between the exaction and proposed use; and
(2) ROUGH PROPORTIONALITY between burden created by proposed use and condition imposed for approval.
How do you prove inverse condemnation? REMEMBER EARTHWORMS
(1) standing
(2) character
(3) economic
(4) investment-backed
(5) benefit
What is an exaction?
restriction placed upon property in the process of approving submitted development plans.
What is a regulatory taking?
A government regulation that limits the use of land.
How does the government use its power of eminent domain?
(1) purpose must be for public use; and (2) just compensation must be paid to owner.
Inverse condemnation: step 3: extent of economic impact of the regulation on the landowner
economic use of loss to property owner. (Per se if deprives all economic benefit = no balancing factors.)
What is PUBLIC USE?
Public use if rationally related to a legitimate public purpose (health, safety, morals, welfare, social, economic, aesthetics).
Inverse condemnation: step 1: standing
LO must be affected by regulation
What is CONDEMNATION?
the process of eminent domain and payment of reasonable compensation for the taking.
What is a per se/physical occupation?
When the government physically invades and occupies private land OR there is no economically beneficial use of the land.
What is EMINENT DOMAIN?
The federal governments power to take someone’s real property.
What is inverse condemnation?
proceeding against the government to determine whether there has been a regulatory taking.
Inverse condemnation: step 5: whether the property owner enjoys..
an average reciprocity of advantage (i.e., LO enjoy benefit of regulation so society as a whole benefits).
