Takings & Contracts Flashcards
Takings Clause
Private property can only be taken for public use, and the government must pay just compensation.
Physical Takings
A physical taking occurs when there is a confiscation of a person’s property or a permanent or regular physical occupation of a person’s property by the government.
Temporary occupation may also be a taking, based on degree, duration, intention, character of property, interference with use, etc.
Regulatory Takings
A regulatory taking occurs when a government regulation denies a landowner of all economically viable use of their land.
If the regulation merely decreases the value of property or prohibits the most beneficial use, it will not be taking if it leaves an economically viable use. Balancing test: government’s interest, decrease in value to owner, substantial interference with investment-backed expectations of owner.
Just Compensation
Fair market value of the property taken at the time of the taking, based on loss to the owner.
Contract Clause
The Contract Clause limits the ability of state/local gov to enact laws that retroactively impair contract rights.
If the legislation substantially impairs existing private contracts, it is invalid unless it serves an important and legitimate public purpose and is a narrowly tailored means of promoting that interest.
If the legislation substantially impairs contracts to which the state is a party, it is likely invalid (more scrutiny than private contracts).
Ex Post Facto Laws
Governments may not pass laws that retroactively alter criminal offenses or punishments in a substantially prejudicial manner by:
-making criminal an act that was innocent when done
-imposing a greater punishment for an act than when it was done
-reducing the evidence required to convict from when it was done
Bills of Attainder
Acts that inflict punishment on individuals without a judicial trial. These are prohibited.
