Takings Clause

Question 1

Fifth amendment provides that property may only be taken for _____, and that the ____.

Answer 1

Public use; government must pay just compensation

Question 2

Are temporary occupations by the govt considered a taking?

Answer 2

They may be, depending on level of invasion, govt intent, interference, etc.

Question 3

Development exception to physical takings:

Answer 3

Developments if govt can show 1) an essential nexus between condition and proposed development and 2) adverse impact is proportional to loss caused to property owner from forced transfer

Question 4

Emergency exception to takings:

Answer 4

Pursuant to public emergency like war

Question 5

Denial of all economic value of land is a ____.

Answer 5

Taking. Undeniably

Question 6

Decreasing economic value (but not completely eliminating it) is a taking. Yes/no

Answer 6

Yes but only on if it meets a balancing test (govt interest versus diminution of value to owner, plus substantial interference with investment-backed expectations of owner)

Question 7

Definition of “public use”

Answer 7

Action is rationally related to a legitimate public purpose (health, welfare, safety, etc)

Question 8

How is just compensation measured?

Answer 8

Fair market value at time of taking, based on loss to owner