Takings + Inverse Condemnation

Question 1

TAKINGS
State the 3 elements for a ‘taking.’

Answer 1

3 Penn central factors:
A) extent to which the regulation has Interfered w/ distinct Investment backed expectations; and
B) Character of the govt. action
C) Economic impact on claimant.
NOTE
To eliminate nuisance is not public purp.
as required by Art. X. [recently amended FS 73.014]

Question 2

What constitutional amendments govern takings?

Answer 2

14th Amendment Is due process clause.
Incorporates the 5th amendt to apply to the States.
5th Amendment Says US govt must pay just compensation for takings.

Question 3

Per se taking.

Answer 3

TAKINGS

1. Physical invasion.
   a. More than momentary.
   b. Under color of law.
   c. Converts to public use.
2. Regulatory.
   a. Deprives O of certain uses.
   b. Deprives O of certain portions of land.
   c. Deprives all economically viable use.

Question 4

TAKINGS
S/L

Answer 4

TAKINGS
football game Takes 4 quarters
college Took 4 YEARS
$1 Takes 4 quarters
-----------
Facial = 4 yrs
As-Applied = 4 yrs
Claim for regulatory taking caused by a plan adoption must be brought within the 4 year statute of limitation from the date property was determined to be unbuildable.

Question 5

Factors

Answer 5

What's the PrICE for Taking?
-----------
3 Penn central factors:
A)	extent to which the regulation has Interfered w/ distinct Investment backed expectations; and
B)	Character of the govt. action
C)	Economic impact on claimant.
***NOTE***
To eliminate nuisance  is not public purp.
-----------
Is LG action for legit public purpose?
Is Owner deprived its economic viable use
(investment backed expectation)?

Question 6

Taking factors vs. Bert Harris factors.

Answer 6

What’s the PrICE for the Taking?
vs.
Mafioso Bert “VIC” Harris Burdened Permanently by a Direct FIB.
———–
Penn (1) Investmt; (2) Charac; (3) Econ; vs.
(1) Vested; (2) Inord; (3) Comp. [variance, loss of FMV]
Inord shown by = (a) Perm; (b) Direct; (c) Foresb; (d) Investmt.

Question 7

For purposes of declaring a public purpose, state the powers of Charters, Non-Charters & Munis.

Answer 7

(1) Charter - self govt, NOT INCONST. [c’H” close to ‘I’]
(2) N-C - self gvt, AS IS PROVIDED. [low take ‘as is’]
(3) Muni - corp, prop, govtl, for govt, functs, & services, EXCEPT AS OTHERWISE provided. [mEXi muni]