The Takings Clause

Question 1

General Rule and sources

Answer 1

Gov may property for public use, but must pay just compensation

Fed: 5th
State: 14th

Question 2

What kinds of property is protected?

Answer 2

Personal property, real property, and certain intangibles (but not welfare benefits)

Doesn’t need to be the whole bundle. Just one stick is sufficient.

Question 3

What constitutes a taking?

Answer 3

1) Physical conficsation
2) Permanent regular occupation

Temporary occupation is a case by case basis - multifactor test

Exceptions:
1) Development exception
2) Public emergency

Question 4

Development Exception

Answer 4

Gov can require private developers to set aside land for public streets and easements for water and electricity
—–geneerally aren’t takings

Question 5

Public emergency exception

Answer 5

Less likeley to be a taking, even for a complete taking, if its pursuant to a public emergency.

War.

Question 6

Regulatory takings

Answer 6

If Regulation leaves no economically viable use = taking

If regulation decreases economic value = apply balancing test and consider
—-economic impact; investment backed expectations; public interest sought to be promoted

Question 7

“Public use”

Answer 7

Rationally related to public health, safety, or welfare

Liberally construed

Taking for purpose of a sale to a private company as part of a city’s economic redevleopment plan is OK! Constitutes public use

Question 8

“Just compensation”

Answer 8

Fair market value WHEN TAKEN