Takings Clause

Question 1

Challenger to a taking must have property interest

Answer 1

• Includes real property and tangible/intangible personal property
• Interests include fee simple, easement, leasehold, lien, and rights of property owner

Question 2

Types of takings

Answer 2

1. Seizure of, destruction of, or damage to property
2. Re-characterization of private property as public
3. Regulatory taking, and
4. Exaction of promises from developer
   • Does not violate the Takings Clause if there is
   o Essential nexus between legitimate state interests and conditions imposed on the property owner, and
   o Rough proportionality between burden imposed on property owner and impact of proposed development

Question 3

Just compensation

Answer 3

Fair market value at time of taking measured in terms of loss to the owner (not benefit to government)