TAKINGS CLAUSE

Question 1

Takings Clause Checklist

Answer 1

• Takings Clause
  
  • Property Interest
  • Taking
    
    • Per Se Takings
      
      • Physical Occupation
      • Constructive Occupation
    • Regulatory
  • Public Use
  • Just Compensation

Question 2

Takings Clause

Answer 2

The Takings Clause prohibits the government from taking private property for pubic use without providing just compensation.

Question 3

Takings Clause - Property Interest

Answer 3

Only a person with a real property interest may challenge a governmental action as an unconstitutional taking.

Question 4

Takings Clause - Taking

Per Se Takings

Answer 4

Physical Occupation - A taking will result when legislation leads to a permanent physical government occupation of all or part of a piece of land.

Constructive Occupation - A taking will result even if there is no physical occupation if the government legislation interferes such that the property’s value or use is impaired

Question 5

Takings Clause - Taking

Regulatory

Answer 5

Regulatory takings occur when the government has placed restrictions or regulations such that the owner has been deprived of the benefit of his property. In determining whether a regulation constitutes a taking, the courts consider the following facts: (i) the economic impact of the regulation on the property owners, (ii) the extent to which the regulation has interfered with distinct investment-backed expectations, and (iii) the character of the government regulation.

Question 6

Takings Clause - Public Use

Answer 6

A taking is for public use if it is rationally related to a conceivable purpose and there is a reasonable belief that the public will benefit.

Question 7

Takings Clause - Just Compensation

Answer 7

Just compensation is measured by the fair market value of the property at the time of the taking.