Takings Clause

Question 1

What is a taking?

Answer 1

When private property is taken without just compensation (FMV).

Mere regulation is not a taking.

Physical occupation is key.

Zoning is not a taking if it advances a legitimate interests and does not extinguish a fundamental attribute of ownership.

Regulatory taking - leaves no economically viable use.

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