Takings Clause

Question 1

Eminent Domain

Answer 1

Taking of private property for public purposes is known as eminent domain. Cannot be taken without just compensation (FMV) pursuant to 5th amendment.

Question 2

Types of property that can be taken

Answer 2

Real property, tangible personal property, and intangible property (such as contract, patent rights, trade secrets)

Question 3

Interests that can be taken

Answer 3

Easements, leaseholds, liens

Question 4

Public Use Challenge

Answer 4

taking must be rationally related to a conceivable public purpose.

Question 5

Damage/Destruction to Property

Answer 5

Can amount to taking unless it was in response to public peril.

Question 6

No Economically viable use

Answer 6

Permanent total loss of property’s economic value = taking

Question 7

Only a portion of property was taken

Answer 7

owner may receive compensation for the diminution in value of the remaining portion.