Takings Clause Flashcards
1
Q
Takings Clause
A
Private property shall not be taken for public use without just compensation
Check on power of eminent domain
2
Q
Just Compensation
A
Fair market value at time of the taking
3
Q
Physical Occupation
A
If the government physically occupies a private owner’s property, then a taking has occurred and it owes just compensation
4
Q
Zoning
A
Not a taking and no compensation is required, so long as the zoning advances legitimate interests and does not extinguish a fundamental attribute of ownership
5
Q
Regulatory Taking
A
A zoning regulation can be considered a taking when it leaves no economically viable use for the property (rare)
