Type of Action Governed by the Constitution

Question 1

What must the plaintiff do to show that there is a governmental action?

Answer 1

The plaintiff must show that there is a governmental action

Question 2

What is the state action requirement?

Answer 2

State action requirement says that constitutional rights can only be violated by governmental actors (not private actors)

Question 3

In what two exceptions can state action be found in the actions of private actors?

Answer 3

1) Public function theory: Where a private entity is carrying on activities traditionally and exclusively performed by the government; or
2) significant state involvement, endorsement, or encouragement theory (where government and private entity are so closely related that action by the private party fairly can be treated as action by the government)

Question 4

What amounts to a regulatory taking?

Answer 4

1) regulation requires the proeprty owner to suffer some permanent physical invaion
2) regulation deprives property owner of all economically beneficial use;
3) government will balance the economic vs the physical impact of the regulation on the property owner as well as duration and character of the government action

Question 5

When are conditional permits permissible?

Answer 5

1)there is a logical nexus between the condition and the governmental purposes; and
2)there is rough proportionality between the impact on the proposed development and the governmental objectives served by the condition