Takings Clause Flashcards
1
Q
Where in the Constitution is the T.C?
A
In 5th amendment but incorporated under DPC in the 14th
2
Q
Language of T.C
A
No property can be taken by the govt for public purpose without just compensation
3
Q
Three components to argue under T.C
A
1) Public Purpose
2) Taking
3) Just Compensation
4
Q
Meaning of public purpose
A
The court has never found no PP, if they can conceive of any PP furthered than it is met
5
Q
What is a taking
A
1) Physical
- Even if temporary
- Any physical intrusion
2) Regulation taking all economic value
- Complete economic wipe out
3) Regulation so intrusive it amounts to taking
- Penn State factors: overall economic impact on you, what were you expectations when you invested, how wide spread is the regulation
