The Taking Clause

Question 1

Development exception for takings clause

Answer 1

municipalities attempt to condition building or development permits on a landowners 1) conveying title to part of the property to the gov or 2) granting the public an easement to access the property –> this is a taking UNLESS: 1) the gov can show there is an essential nexus between the condition and the proposed development 2) the adverse impact of the proposed development is roughly proportional to the loss caused to the property owner from the forced transfer

Question 2

Emergency exception for takings clause

Answer 2

taking is less likely to be found even for a complete and permanent deprivation, if its made pursuant to a public emergency such as war

Question 3

temporary denials of all econ use

Answer 3

not per se taking - court will balance re planners good faith, reasonble expectation of owners, length of the delay, delay’s actual effect on the value of the property, and so on to determine whether “fairnes and justice” require just compensation

Question 4

inverse condemnation

Answer 4

property owner can bring an action for inverse condemnation when property is taken by occupation or regulation without condemnation proceedings; if its a taking the gov will be required to either 1) pay property owner just compensation or 2) terminate the regulation andpay the owner for damages that occurred while reg was in effect