Takings Clause Flashcards
Takings Clause - denying economic use of land
If a government regulation denies a landowner all economic use of his land, the regulation will generally constitute a taking requiring the payment of just compensation under the Fifth Amendment. However, regulations that merely decrease the value of the property do not necessarily result in a taking as long as there remains an economically viable use for the property. The court will consider (i) the social goals sought to be promoted, (ii) the diminution in value to the owner, and (iii) whether the regulation substantially interferes with distinct, investment-backed objectives.
Takings Clause - generally
The Fifth Amendment prohibits governmental taking of private property for public use without just compensation. While the government must fairly compensate an owner when her property is taken for public use, it need not pay compensation for mere regulation of property. A taking will almost always be found if there is an actual physical appropriation or destruction of a person’s property. A restriction on how real property is used may constitute a taking. Cities may generally regulate the use of real property. A regulation will constitute a taking if it (i) amounts to a physical appropriation, (ii) denies an owner of all economic use, or (iii) unreasonably interferes with distinct investment-backed expectations of the owner.
Takings Clause - forced conveyances
A city may not force landowners to convey interests in their land to the city in exchnage for permission to build improvements on the property. These forced conveyances usually violate the Takings Clause of the Fifth Amendment. A city can impose such a requirement if (i) a close nexus exists (the government can show that the condition relates to a legitimate government interest), and (ii) proportionality exists (the adverse impact of the proposed building/development on the area is roughly proportional to the loss caused to the property owner from the forced transfer of occupation rights).
