Takings Clause

Question 1

The takings clause is found in what amendment?

Answer 1

The 5th Amendment

Question 2

Is the takings clause applicable against the states?

Answer 2

Yes, via the 14th Amendment

Question 3

Under what standard is a takings analyzed?

Answer 3

Rational basis review; i.e. if the government’s action is rationally related to a legitimate public purpose, the public use requirement is satisfied.

Question 4

Must takings be a permanent deprivation of one’s property?

Answer 4

No, a taking can be temporary.

Question 5

When the government temporarily denies the owner of land of all economic value of the land, is there a taking?

Answer 5

Not always. The court must look to the circumstances and determine whether fair compensation must be paid for the temporary deprivation of all economic value of the land.

Question 6

When will a regulation which decreases the value of land be considered a taking?

Answer 6

where it leaves no economically viable use for the property.

Question 7

Exaction

Answer 7

where a municipality’s conditioning building or development permits on a landowner’s 1) conveying the title to all or part of the property to the government; or 2) granting the public an easement to access the property.

Question 8

In order for an exaction to not be considered a taking, what must the government show?

Answer 8

the government must show 1) there is an essential nexus between the condition and the proposed development; and 2) the adverse impact of the proposed development is roughly proportional to the loss caused to the property owner from the forced transfer.

Question 9

Just Compensation is measured by what?

Answer 9

the fair market value of the property at the time of the taking.

Question 10

Is the increase in value of the plaintiff’s remaining property taken into consideration for purposes of just compensation?

Answer 10

No

Question 11

Where a landowner owns worthless property, and it is taken by the government, how much must the government give him?

Answer 11

Nothing, because it is worthless.

Question 12

Where the landowner was denied a permit for refusing to dedicate land under a government request that had to meet the requirements for a permissible exaction, is there a taking?

Answer 12

yes.

Question 13

What can a landowner do when their property is taken by occupation or regulation without condemnation proceedings?

Answer 13

the landowner can bring an action for inverse condemnation.

Question 14

Must a taking be of a certain size?

Answer 14

no, it does not matter how small the taking is. If there is any amount of property taken, it is a taking.

Question 15

Courts interpret “public use” . . .

Answer 15

very broadly.

Question 16

What is the exception to the just compensation requirement for takings?

Answer 16

the emergency exception. No compensation is due when property is appropriated or physically invaded to combat an emergency.

Question 17

Generally, can a city force a landowner to convey interests in their land to the city in exchange for permission to build improvements on the property?

Answer 17

no