TAKINGS CLAUSE

Question 1

takings clause

Answer 1

5A provides that private property may only be (1) taken for (2) PUBLIC USE and (3) the gov’t must pay just compensation (applicable to states via 14A)

Question 2

takings main question

Answer 2

main question = whether gov’t action is a taking (requiring payment of just compensation) or just a regulation (not requiring compensation)

Question 3

physical takings

Answer 3

• confiscation of a person’s property OR
• a permanent or regular physical occupation of a person’s property by the gov’t (temporary occupations can also be a taking)

exceptions: development exception and emergency exception to physical takings

Question 4

regulatory takings

Answer 4

• if a gov action denies landowner of all economically viable use of their land (e.g., regulation barring any building on land), reg amounts to a taking
• decreasing econ value - balancing test (regs that just decrease value of property DO NOT equal taking if they leave economically viable use for the property – court will look at gov interests sought to be promoted; diminution in value to owner; whether the regulation interferes with investment-backed expectations of owner)

Question 5

“public use” and just compensation

Answer 5

• public use limit is liberally construed – taking is for public use if gov’t has reasonable belief it’ll benefit public
• just compensation: measured by fair market value of prop at time of taking, based on loss to owner

Question 6

inverse condemnation

Answer 6

government takes private property but fails to pay the compensation, so the property’s owner has to sue to obtain the required just compensation.