Takings + Inverse Condemnation

Question 1

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

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

S/L

Answer 4

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

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]